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273784 WHITE - CITV CLERK ��}�� PINK - FINANCE � GANf�PV - q€PqRTMENT � COUflC1I � � � BLU�"'/ - MAVOR GITY OF SAINT PAUL File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Alternative Homes, Inc. had applied for a special condition use in order to establish and operate a residential group home for fifteen (15) children with chronic social, emotional and neurological problems for its proposed site at 1210 Albemarle located on the northeast corner of Albemarle and West Maryland; and WHEREAS, The Current Planning and Zoning Committee of the Planning Commission conducted a public hearing on March 1, 1979 for the purpose of considering the application and following said hearing and after hearing from the applicant and interested citizens did recommend to the Planning Commission that the special use permit be granted; and WHEREAS, The Planning Commission at its meeting on March 9, 1979 approved the special condition use permit to Alternative Homes, Inc. , the Planning Commission having found and determined that the applicant's property complied with the conditions set forth in Section 60.423 (c) of the Saint Paul Zoning Ordinances; and WHEREAS, John T. Finley appealed the Planning Commission's determination to the Board of Zoning Appeals and following a hearing thereon, a motion was made to deny the appeal but the motion did not receive �he required four (4) affirmative votes and therefore the decision of the Planning Commission was not reversed or modified; and WHEREAS, John T. Finley filed with the City Clerk his appeal from the determination made by the Planning Commission and a public hearing was duly conducted by the City Council pursuant COUNCILMEN Requested by Department of: Yeas Nays In Favor __ Against BY — Adopted by Council: Date Form Approved by ity ttorne Certified Yassed by Council Secretary BY g�, t#pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - BY WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council }�,� r-� CAN - D..�PARTMENT '(J Bl_U�- MAYOR File NO. S � �,�� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date to said appeal wherein all interested parties were given an opportunity to be heard; and WHEREAS, The Council having heard the statements made and having considered the actions taken by the Planning Commission does hereby RESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Planning Commission in this matter and does hereby concur in the findings made and determined by the said Planning Commission; and, be it FURTHER RESOLVED, That the appeal of John T. Finley be and is hereby denied; and, be it FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to John T. Finley, Alternative Homes, Inc. , the Zoning Administrator, Planning Commission and Board of Zoning Appeals. 2. COUNCILMEN Yeas�oZZa Nays Requested by Department of: �Hunt In Favor Levine� Ma.ddox� _�___ Against BY �McMahon �Show T Sce�' Form Approved ity At ney Adopt by Council• Date �`CD 2, '7 1979 rtified Yas- by Cou .il , BY . Flpprove y iVlavor: Dat Approved by May fot Submission to Council BY – — BY �US��D 0 CT 6 1979 � ; �,T, o, CITY OF SAINT PAUL �''� ''°- DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT w '� � � ��=�� ' DIVISION OF QLANIvING �'' �c 421 Wabasha Street,Saint Paul,Minnewta,55102 .... 612-298-4151 Georgt Latimer Mayor Y�sI�F^,F� �I l� � �l� June 27, 1979 Rose Mix, City Cierk 386 Ci ty Hal 1 St. Paul , Minn. 55102 Dear Madam: Re: John T. Finley - Zoning File #8433 This is in response to the appeal filed by John T. Finley for Administrative Review of a Special Condition Use permit granted on March 9, 1979 by the Planning Commission to Alternative Homes, Inc. to establish a residential group home for up to 15 children, ages 6-15, with chronic social , emotional and neurological problems. The subject site is located at 1210 Albemarle Street, at the northeast corner of Albemarle and Maryland. The matter was first heard by the Current Planning & Zoning Committee on March 1 , 1979, at which time the Corranittee voted unanimously to recommend approval of the Special Condition Use. There was considerable opposition p�^esent at this hearing. On March 9, 1979 the Planning Commission on a 14 to 0 vote confirmed the decision of the Current Planning and Zoning Committee. Mr. Finley then appealed the Planning Cor�nission's decision to the Board of Zoning Appeals. The basis for his objection was tnat other group homes were within 1320 feet of the site. On May 8, 1979 the Board of Zoning Appeals heard the appeal of Mr. Finley. A motion was made to deny the appeal , but it did not receive the required number of affirmative votes. Therefore, upon the opinion of the City Attorney, no action was taken by the Board, and the decision of the Planning Commission to grant the Special Condition Use remained in effect. Mr. Finley has now appealed the action of the Board of Zoning Appeals to City Council and the matter is scheduied to be heard by City Council on Juiy 5, 1979. Sincerely, ' Laurence J. Ju g� City Planner LJJ/gf Encs. ' � , � ,.- �; �.�.�ra►��,�- �1 . �. -� �0�� (�IS�USSI�� P �� p�}S - ONLY �, P1IMUTES OF THE CURRENT PLANCJIfdG AND ZO�JIPdG C0�4r11TTEE ��EETI�:��N ' ' CITY COUNCIL CHAMBERS, ST PAUL, MIN�I. P�I.AP.CH 1 , 1979 PRESEf•JT: P�mes. Karns and er , Messrs. Levy, Fitzgibbon, Levy & Bryan of the Current Planning and Zoning Cor�mi�. Jerome Segal , Assistant City Attorney; h1r. Steve Roy of the Division of Housing & Building Code Enforcement; P�Is. Fox and Mr. Jung of the Planning Staff. ABSENT: P4cGinley The meeting was chaired by t�lr. James 6ryan, the Chairman. � ALTERNATIVE HOMES, INC. (�8407) : An application for Special Condition Use to estabTTSh and operate a resid2ntial group home for 75 children with chronic social , emotional and neurological problems, at 1210 Albemarle. The applicant was present. There was opposition present at the hearing. Mr. Jung showed slides of the site and reviewed his staff report with a recammendation of approval of the Special Condition Use s�abject to increasing off-street parking frortt two to five spaces, and subject to fencing the site. Mr. Howard Rod, 1786 Lake Street, the applicant, was introduced by P�r. Patrick Sweeney, attorney for the petitione�. who said Mr. Rod tvas Executive Secretary of Alternative Homes, Inc. Mr. Rod explainea that Alternative Nomes had been before the Ramsey County Board of Commissioners previously trying to seek use of Woodvfe►v Detention Center, during v�hich time they had been investigate� thoroughly as to their program, funding, etc. by various city groups. P1r. Rod said th�y planned an upgrading and irrprovement of the site on Albemarle in such a way that it would benefit the neighborhood. He said that fears of the neighborhood regarding their use of the prop�rty �vere ground�ess, Mr. Levy said that the Current Planning & Zoning Committee had to deeide whether the b�iilding on A7bemarle wo�ald be altered and rehabbed in a way that wo�ald be consistent with the zoning laws and the Committee is r�ot supposed to look at D.P.tAI. Rule Pdo. 5. Ne said the concern of the Committee is not whether Alternative Nomes is a good or bad program, but whether the facility meets the criteria of the zoning law. �1r. Rod explained that he knew the facility ►,1as controversial and that people have all kinds of fears. He said the neighborhood had been contacted and the program had been explained. He said that at a Housing Task Force meeting, Alternative Homes had tried to alleviate some of the neighborhood fears. He added that a neighborhood advisory committee could be formed if the neighbors desired it, and R7ternatiwe Homes would comply with all zoning regulations. Mr. Levy questioned the off-street parking and Mr. Rod said there are six spaces in front of the building now H�ith one space in the garage and one in the drivea�ay. Ne said they do not anticipate that there a�ill be more than six or seven adults in the program at one time. He said Maryland Avenue would sti11 be available for some parkin�. � : . P4s. Colleen Rod, 1786 Lake Street, said she had seen many people and talked with them and gotten letters of support. She said she and her husband have nine children of the-ir own, and she is familiar w:th the way he runs Alterantive Homes programs. She said children need places like Alternativz Homes programs where they can get care and attention, and she hoped that no one at the hearing �•�ould n�ed such a facility for their own grandchild and find there is no such p7ace because of neighborhood opposition. � �� y� � { �� ALTE°�aATIVt HOP�ES, IPJC. 1 PAGE TWO 1 - ' FOR DISCUSSIO,s� PU�P�S�S O�dLY Mr. Joseph Prifrel , 1094 Woodbridge, said he had been asked by the group of people present to present their opposition to the Committee. Ne told of being a nzmber of the Planning Cotr�mission and zoning boards in the past, having supported this type of home, as ti•�ell as a member of the legislature for 34 years and sponsoring much legis- lation to help youth. !•1r. Prifrel said he is active now in helping the younger gener- ation and, although he N�as not speaking against the program itself, he kno�ivs the neighborhood we11 and knows what it can be used for. Mr. Prifrel explained the danger at Albemarle and Maryland and why his group was opposed to the residential group home being established there. He said this corner has one of the highest rates of fatalities and injuries from people trying to cross the street. He descrzbed the old building proposed for the subject facility and said tha� it is a good place for senior citizens because it is one block -from church, close to a bus stop and places to shop. He said that if the Alternative Nomes program is allowed to come in, many of these elderly p�rsons r�iould have no place to go. He mentioned a Mrs. Bishop, living adjacent to the proposed racility; as being listed as a group home, and another person living down the street b2ing listed as taking care of four children. He told of the pastor of St. Bernard's Church, t��ho every evening associates with the young people of the neighborhood, and who had sent a message that the location at 1210 Albemarle is not the proper plac� and would be a hazard for the children. Mr. Prifrel said that his own personal opinion, as autnor of the bill that created this program, was that the children have problems that must be taken care of, but he believes this location is not the proper one. P1r. Levy asked Mr. Prifrel if he had knowledge of any site that would be more appropriate for this program, and N1r. Prifrel said such a facility should be far enough ativay from neighbors to avoid bad feelings as this is unfair to the children. He said there must b� r�ore open space than there is at the proposed site: N� said traffic on htaryland would practically prohibit carrying on the program o-F Lhe a�plicant, as disturbed children would be unable to sleep, etc. He then presented some photographs of the site to the Committee. Mr. C. E. Bahr, 1216 Albemarle Street, said he lives in the white house across the alley from the site about 30' away, and he feared there would be problems with 15 children at the s;�bject site, such as bre�king windows, dumping garbage, etc. He thought tf,ere should be a location out of the residential district that wou7d be more suitable. Mr. Prifrel then presented a petition signed by 195 people within the neighborhood in opposition to the proposed facility�, the opposition being based on high density of commercial estab]ishments in the area, hazardous traffic in the area jeoparding the safety of the children, and a lack of recreational facilities. � Ms. Mary Albrich, 189 W. Maryland Avenue, spoke in opposition, saying she thought that children with emotional problems need peace and quiet and therefore the proposed location would not be suitable because it is not a relaxed atmosphere. She said there are four schoois in the area, a roiler rink, city bus, school busing, a horticulture garden center, city trucks, etc. , and with all of this, it would not be a place for these children. She said Maryland Avenue becomes a racetrack for motorcycles and a 4-way stop is badly needed on the corner of Alberrarle and Maryland. Mr. Red Vanek, 1102 Rice Street, said he is chairman of the �tortl� End Business Association, and he is against the proposed project because of the traffic situation. He said ��►oodview Detention Center had been the best location until it was given -to Herr,epin County, as there had been enough room for these children to move around in, and the 6th District will go along with the idea that the children need to be in an open area. �� ',, ALTE�iVATIV.E HOMES, I�1C. �' ; ��I � � :-,�,�`�� PAGE THREE � FoR �rseussi�;�� ' �U,►POS�S p� y � � y 1050 Mary Lane h1r. John Fi nl e , , a County Cor��mi ss i oner for Di stri ct , sai d he cvas not sure he tivas in favor of the proposed facility from the standpoint of the program. An in depth study had been made by the county, he said, adding that he had been a strong proponent for the 4loodvieti� site for Alternative Homes, Inc. because it was more suited for this hom� than it is for the Hennepin Detention Center. Mr. Finley said that Mr. Rod is well qualified to run the residential treatment center tivith a good program and the problem is just the iocation in which it is being proposed. He said he ho�es the legislature will repeal the stadium tax, which would mean Hennepin County will not have to move their juveniles to tJoodview and this would free it to take care of Ramsey County residents ti��ho need treatment. He said the 4loodview area is wide open and has � . play area, but the proposed location, one block from Rice & f�aryland, raises difficu7t problems from a traffic standpoint. He said the 15 children ��ould not be given a fair shake in such a densely populated area ��iith such high traffic. However, he said, if anyone could run the program successfully, it would be Mr. Rod, but not at this location, so regrettably he had to oppose the program going into the location as proposed. Mr. Levy said that the intent is to create a near normal setting for peop1e with behavioral problems, but that Ldoodview is like a campus quite fiar removed from the daily lives that children will move back into. Mr. Levy said he is not convinced that a large campus is necessary whenever there is a problem 19ke this. ��Ir. Finley said it was the size of Woodview that made it a better location, and more is� needed for these 15 children than a double 40' lot. He said Arlington House fit into the community; the're had beer� some cors�unit� problems , tiut opposition there has faded since he voted for that. � Mr. Rod said that everyone is concerned about kids, that he has run three programs : 1 ) Bremer House 2) Crocus Hill Area 3) Da1e and Por�ian�. he said Da1e is a busy street. Ne said tne question is whether the children wili be protected from traffic and �vill the �rogram bother the neighborhood. He explained �hat their children are totally supervised, and are in school from 8:30 to 2:30, and not running around the neighborhood. At 3 PM the staff of 16 to 18 changes, and they are ab7e to have the children in small groups in the afternoon. He said these children are 4 to 5 years behind r,ormal criildr�n, so graups are formed and they rent places for them �to go. Ne said that 102 to 11 is the average age of the children. He indicated ti�at the pastor Mr. Prifrel had mentioned had been in favor of his program when he talked with him. P1r. Prifrel interrupted to say that the pastor was not against the program, only against the location. There being no further public testimony, Mr. Bryan closed the public hearing. He then noted a letter rece5ved from District 6 regarding a March 6, 1979 meeting which v�ouTd be held before the Planning Cor�mission's P•1arch 9th meeting, and announced that if anyone wanted to send anything to that meeting, they could do so. • Mr. Fitzgibbon moved to recommend approval of the Special Condition Use, based on Findings 1 through 5 of the staff report. His motion was seconded by P-ir. Levy. h1r. Bryan asked that the motion be amended to include five off-street parking spaces to be provided and that the lot be properly fenced. Mr. Segal said the height of the fence may be ambiguous; however, �•1r. Fitzgibbon said he would go along with a six foot rraximum cyclone fence, and P�r. Levy recommended a cyclone or security typ° fence. hts. Summers said she was in favor of the motion but wanted an amendment that a representa- tive of District 6 have an opportunity to spealc before the Planning Commission on t�larch 9th and give their feelings on the situation. The motion was so amended and passed on a 6 to 0 roll cali vote. � . ALTE�,PJATIVE H0��1ES, INC. �! h1INUTES' PAGE FOUR �� .� � � �. . t t�ir. Fitzgibbon said he wanted the opponents of the proposai to be made aware that the only roie of the Current Planning and Zoning Committee is to determine whether the permit of the Special Condition Use meets the requirements of the Zoning Ordinance. He said the Committe� has no ro7e whatsoever in approving or denying the type af program, or tivhere it is located, as long as it meets the current zoning requirements. He said if the opponents of the proposal have objections to the type of program or the location that go beyond the zoning ordinance requirements of the City of Saint Paul , thzre are other legislative means open to them such as the County Board at�d the State Legislature. Mr. Pangal asked Mr. Segal if the Committee had the power to determine location and Mr. Segal said the real question is aihether the Committee could look beyond the special conditions in determining the use. He said he is not aware of any specific provision in the Zoning Ordinance that deals with that. He said there is a provision ,in the definition section (60.392) defining Special Condition Use �vhich says hardship is not required in order to grant a Special Condition Use. He said he beli�ves there would be authority to deny a Special Condition Use if in the opinion of the Commission and based on facts and evidence before the Current Planning & Zoning Committee tne finding could be supported that the proposed use would create a hazard or dangerous condition or would not be consistent with the general concept of zoning in the area.• However, he said, there would have to be facts supporting that kind of finding. Mr. Pangal asked that Mr. Segal review this particular questit�n and Mr. Sega1 said he would pursue it. . Submitted by: . Approved by: c�/LL�'�� ' � � Laurence J. Jung James Bryan, Chairman �� s �� o�� ss�� `� F o� �`S�� ,1 . - . MINUTES OF THE MEEIING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAP98ERS, APRIL 24, i979 PRESENT: Mmes. Summers & Morton, ��lessrs. Grais &. 4;oods � ABSENT: Messrs. Peterson and Parrish The mee�ing was chaired by Gladys P1orton, the chairman. � JOHN T. FINLEY (#8433,�: An Administrative Review appealing the Planning Commission decisior of ��tarch 9, 1979 granting a Special Gondition Use permit to Alternative Nomes at 1210 Albermarle Street. The appellant was present. There was opposition �present at the hearing. Mr. Jung showed slides of the subject site and reviewed his staff report, with a reco�unendation of denial of the appeal . John T. Finley, County Commissioner representing District 3, the appeliant, said the subjecz site lies within his district and his appeal was made not solely on a personal basis, but also on behalf of�those who had attended the meeting of the Current Planning & Zoning Committee regarding 1210 Albemarle as a location for the Alternative Homes program, and who had signed a petition at that time. He said he wanted to bring out two things from that meeting of the Current Planning & Zoning Committee. 1) � Mr. Fitzgibbon had explained to those in attendance that they had no alternative but to approve the Alternative Homes request because the conditions� had been met. Mr. Finley said this was not accurate, and therefore he questioned the basis upon which the approval had been made. 2) A legal decision of P4ay 8, 1978 saying that �the foster group home was not absolutely considered to be a residential group home if there are other foster homes in the area. It does not say, Mr. Finle�� contended, �tnat they cannot be considered residential group homes. Ne said s��:�-f� ha� �=ointed aut that there are three group foster homes within 1320 ft. af 1210 �i:bemar7e. The main reason he felt this site is not a proper location is because of tnLse other homes, and also because as long as it appears that the legis?ature has stcpped the domed stadium in Minneapolis, the Woodview Getention Center may again becor^e available for Alternative Nomes. Mr. Finley then attempted to obtain an oral vote from those present, but Ms. t�lorton told him the only issue before the Soard of Zoning Appea�s at this hearing was whether or not the Planning Commission erred. Mr. Finley then said he wanted to stress that there were three family foster care locations not considered within 1320 ft. and that the Current Planning & Zoning Committee had the opinion they must approve the request because all four requirements of the .Zoning Ordinance had been met. P1r. Segal said that the hlay 8, 1978 opinion of the City Attorney analyzed the question of whether a foster home was a residential group home within the definition of the Zoning Ordinance and the opinion pointed out that, although there may be two possible interpre- tations, to rule that a foster home was a residential group home within the meaning of the St. Paul Zoning Ordinance would create a conflict with state legislation. It was the opinion of the City Attorney that the correct interpretation was that a family foster home is not a residential group home as defined in the Zoning Ordinance, and since that time the Planning Comnission has follnwed that interpretation: h1r. Grais asked P1r. Finley's reaction to that opinion, and �1r. Finley said he could not disagree, but he still felt a family foster home could be a residential group home. � JOHN T. FIPJLEY �1INUTES PAGE T!�10 r Mr. Segal said that Mr. Pangal of the Current Planning & Zoni�ng Committee asked him if the Committee had power to determine the location, and whether they were limited to the special condiitons set out in the Zoning �rdinance, and that P1r. Segal had answered that he believed there would be authority to deny a Special Condition Use if in the opinion of the Commission and based on facts and evidence before the Current Planning & Zoning Corr�nittee the finding could be supported that the proposed use would create a hazard or dan�erous condition or would not be consistent with the general concept of zoning in the area. However, there wo �d have to be facts supporting that kind pf finding. Mr. Finley said the explanation by P1r. Fitzgibbon had come after the vote and also that Mr. Segal 's explanation had come after the vote, and therefore the Committee's basis for voting was wrong. Mr. Segal pointed aut that the Planning Comnission, however, had the benefit of his opinion when they voted and still had voted to approve the recommendation. F1s. Summers added that a representative of District 6 had spoken at the Planning Commission meeting. P4r. Grais asked if the Planni�ng Commission had known there was any choice, and Mr. Segal pointed out that members of that Commission had been on the Corrgnission for some time and this is not the first time they have dealt with this particular problem. Ms. Summers said she serves on the Current Planning & Zoning Comr�ittee and is aware that sh has discretion, and the majority of those on that committee are aware that if the Zoning Ordinance says one thing, the committee may still vote differently. Mr. Grais asked if there had been any complaints from neighbors regarding the activity at the foster homes in the area, and P1r. Finley said no.�: . Mr. Joe Prifrel , 1094 Woodbridge, repeated much of what he had testified at the previous meeting of the Planning & Zoning Committee, mainly i�is part while in the legislature of � src�sorin� legislation to help youth and he said the intent of the legislature is a basic fa�;t�r �� iaN�. He told of support of his area for the homes for retarded, and a home for g;,•ls. But he contended that 1210 Albemarle is not a safe place and not one where the 3L��slature's intent was carried out, and ;t was his opinion that the sit� could not be re��ubbed. He told of the elderly people who now live at 1210 Albemarle because there is no other place for them in the area. • Mr. Grais asked where the chi7dren are now who are supposed to come to 1210 Albemarle and Mr. Finley said many of the children are now being housed out of state by the Weifare Dept. P1r. Howard Rod, Program Director for Alternative Homes, said many of these children are in foster homes, some in institutions in and out of the state. He said the program of Alternative Homes has been modified. He said they plan 16 to 18 staff for 15 children averaging 10 years of age, and that thase children now are not surviving wejl in foster homes. He described how Alternative Homes' program includes renting swimming pools and gyms, etc. for recreation, and therefore the yard is not important. He said the building had been okayed by the Fire Department, Health Department� and by the Welfare Department. He told of also being involed with Bush P1emorial ChiTdrens Center wfth 40 children, and two others in Duluth and Austin, Minnesota, all consisting of children in small groups being supervised by experienced staff. Senator Peter Stumpf, said Arlington School and Victoria School are available in the area, but the Board may want to refer this case back to the Current Planning & Zoning Committee because of the questions which had been raised. Senator Stumpf said the neighbors would support the program at a different location and asked if Alternative r . . • , JOHN i, FINLEY MINUTES PAGE THREE . Homes had ever applied for a license for a different part of the city. Mr. Jung said this had not been done to his knowledge. . Ms. Morton read a letter of opposition into the r�cord from Representative Tom Osthoff. George R. Boh1 , 115 �J, Rose St. , said he lives two blocks from the subject site, and that Messrs. Prifrel and Finley had proven that the Com�nission's decision was an error. He did not believe the site had been investigated by the committee and he said remodeling the site would mean completely demolishing it and putting in a new structure. Ne said he had no objection to the children, but he did not think any effort had been made by Mr. Rod to find a suitable location for them. He said putting 15 children into the hroken down building at 1210 Albemarle would not be helping the corronunity and that the Planning Comnission had erred or was there something suspect? He said f1r. Rod had never heard of the landlord of the building at 1210 Albemar]e. He said the Ramsey County Welfare Department or someone else sh ould be able to find some locatian more suitable at $300,000 or more that it would cost to remodel . Frank Gumatz, 1197 Albe�arle Street, said that for over 55 years he has lived within two blocks of the subject site and when he was young it was known as the haunted house. He said that on the west side of the building there are 2 ft. from the steps of this home to the public sidewalk. On the north side there are 4 ft, and on the east side there are 4 ft. from a neighbor's yard. He told of deficiencies in the building and lack of parking. He said the building, to be remodeled, would have to be torn down and done from scra�ch. P9r. John Knolpe, a neighbor, said he had received 12 te�ephane calls in 4 days about the Alternative Homes problem, He said� he would not put his name on a real estate contract to sell the bui7ding at 1210 Albemarle, and he felt the children needed a 6etter place. ��r. McTegga, 7054 E. Sixth Street, said he could not understand why Gillette Hospital ��.�ilities couid not be used for these children. h1r. Red Vanek , 1102 Rice St. , said he was speaking for the businessmen of the area, as he is president of the North End Business Association and is opposed to the subject site because of the traffic and the fact that the building does not come up to standard. Frank Vanderhoff, 1181 4Joodbridge, said his family has been associated with the area ror 15 years and he would not allow any of his family to live at the subject site because it is not a proper 7ocation for 31 people and unfair to the children they propose to bring in. If a new building were to be built, he said he would not be opposed to it, but that someane must not have done a good investigation of this site. Fred Schmidt, 1249 Rice Street, said the city shoul'd inspect the building and see if it is a proper place for the children. He mentioned the lack of play area. Patrick Sweeney, attorney, 1�02 Minnesota Building, spoke on behalf of Alternative Homes. He pointed out that all the proper procedures had been followed and the only question for the Board was whether there was an error of fact, He said the appellant had not shown by facts that the Commission and committe� had erred, and that under the City Attorney's opinion the foster care homes referred to are not and should not be considered, and therefore that is not an error of fact. He said the Current Planning & Zoning Committee realized they could act as they saw fit under the Zoning Ordinance. He said the fact that Mr. Fitzgibbon asked a question after the vote had been �aken was not relevant. He said the Commission'S decis.ion should stand. ' j , . JOHN T. FINLEY MINUTES PAGE FOUR . htr. Grais asked if the Board had any discretion in the subject matter, and Mr. S�gal said what the Board would be doing was to review the decision of the Planning CommisSion, which is that all of the special conditions required in the Zoning Ordinance are met, so the Board of Zoning Appeals is reviewing that decision. In addition, the Planning Commission says they are of the opinion there is no other justifiable reason to deny the Special Condition Use permit and that would fall within the area of any conditions existing which would show this particular use would constitute a nuisance or hazard to the safety, etc. of the neighborhood. Mr. Grais asked: "What if we felt that 30 plus people in that building was not right?" Mr. Segal answered by saying, "You would have to determine fact. The Zoning Ordinance says this Board may reverse or affirm or modify �a decision of the Planning Commission and in doing so the Board has all the powers of the Planning CommissiQn." He added that the Planning Com�ission has the power to impose conditions. Mr. Grais asked whether the Fire Department had been out to inspect the building, and Mr. Sweeney said they had, and that the building met all requirements of the Housing and Fire inspe ctors, as well as requirements of Rule #5 for licensing. He said the allegations that the staff of the Current Planning & Zoning Committee had not seen the building were not true, that they had at least seen photographs, t•tr. Sweeney noted the conflict in the neighbors' testimony, where they wanted the elderly of the area to continue living at this site because there was no place for them in the area, and yet they oppose the children of the Alternative Horoes program living at the site.� He said no real facts had been presented, only allegations. Ms. Summers if someone from Bldg. Code Enforcement had checked the place, and P^,r. Rod said he did not know if this had been done currently. Mr. Rod explained that the staff do not stay in the bUilding, only the children. Ne also described the funding of Alt�rnative Homes and said some of it would be used for renavation. P�s. Susan Waite, 1200 Marion Street, questioned what had been said about the foster homes not being good for children, and Ms. P�orton corrected her, saying that what had actualiy been stated was that foster homes had not worked out for these particular children. There being no further public testimony, Ms. tYlorton closed the public portion of the hearing. Mr. wooas asked whether some recommpndation could be made to make a clear cut decision, as he would like to have it definitely pointed out whether the Planning Commission had made an error when they held a hearing on this particular project. Ms. Morton said the Board had to have a fact of where the Commission erred in order to overturn the ruling of the Car�nission. Mr. Woods remarked that the vote of the Current Planning & Zoning Corranittee had been 6 to 0, and the Planning Cor��nission 14 to 0. He asked if they had gone through this matter hurriedly. Ms. Summers said the Current Planning & Zoning Committee did not go' through the matter quickly, that there had been deliberation and a lot of testimony. , Mr. Grais asked if anyone on the Board felt the subject site was not an adequate place for this number of cbildren, was that not a basis for denial? � Mr. Se{��1 said the Board was not making the initial decision, but only deciding whether the Planning Commission decision was incorrect. . �!. , JOHN T. FINLEY P-1INUTES PAGE FIVE P•1s. Summers said the presentation at the previous hearing had bee n fairly lengthy, and Mr. Jung said Alternative Homes had been the only item on the agenda that day, so there had been no need to hurry it through. Mr. Finley said the question was whether letters from the Dept. of Health were provided to the Current Planning and Zoning Committee in their consideration of the case. He questioned the modification of the Alternative Homes program. Mr. Sweeney said any question abo ut health or fire or safety has been answered. If there were a specific letter, he could supply it and this question had not been raised at thz previous meetings. He said all the requirements had been specifically satisfied. Nir. Segal said if the members of the Board of Zoning Appeals had not seen the minutes of the meeting of the Current Planning & Zoning Committee, it would seem within their authority to ask for them and to read and review them before making a decisiorr. He added that the matter could be continued. Mr. Grais said he would feel more comfortable if he knew more about the case, and moved to pastpone a decision to a date certain (May 8, 1979) until the Board members could get copies of the minutes and give them a chance to study them. Mr. Grais' motion was seconded by Mr. 4Joods, and passed on a unanimous voice vote. Mr. Segal reminded the Board members that the meetings are taped and undoubtedly the tape of the Current Planning and Zoning Committee meeting could be obtained, Submitted by: � Approved by: ...:"��,G,.�l�l i�`-� ,, � !L�;rence J• Jung Gladys Morton, Chairman FIINUTES OF THE P�IEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAP�IBERS, SAINT PAUL, �1INNESOTA ON f�AY 8, 1979 PRESENT: P1mes. Surr�ners ?. Morton, P4essrs. Peterson, l�Joods, Parri.sh and Grais of the Board of Zoning Appeals; P1r. Robert Straughn, Assistant City Attorney; P�r. Richard Amey of the Division of Housing � Building Code Enforcement; and Mmes. McNeally and Fox and Mr. Jung of the Planning Staff. ABSENT: 0 The meeting was chaired by Gladys Morton, the Chairman. JOHN T. FINLEY (#8433) : An appeal of the Planning Commission decision of f�larch 9, 1979 granting Special Condition Use to Alternative Homes at 1210 Albemarle Street. The appellant was present. There was opposition present at the hearing. �1r. Joseph Prifrel , 1094 Woodbridge, spoke briefly represent�ing Mr. Finley, and said that in the previous hearing there had not been enough facts brought out to justify the decision. He questioned the inspection of the building by those who wanted to house the children there, and said the building is dangerous and hazardous and would be no improvement over the places from which the children had come. Gladys P1orton pointed out that the Administrative Review necessitated the bringing forth of an error in fact, or an error in procedure, in order to' overturn the decision of the Planning Commission. P•1r. John T. Finley, County Commissioner, the appellant, said the Planning Corrunission meeting had not been a public hearing, and the only testimony given at that meeting was from a representative of Planning District 6. He said that at the previous meeting of the Current Rlanning & Zoning Committee, the Corr�nittee had not considered the facts regarding a foster home within the 1320 ft. rule. P1r. Finley said there are also group homes within that radius, but they too were not considered. He said hir. Fitzgibbon, who had made the motion, had remarked that the Committee had no alternative but .to grant the Special Condition Use because it fell within the guidelines of the Special Condition Use. Mr. Finley contended that this remark was in error. He went on to say that after the vote was taken, the City Attorney, Plr. Segal , had explained to the Committee that they did not have to grant the request and that this was a discretionary act. �1r. Finley said it was his opinion that there was a misconception on the part of some of the Committee members regarding what discretion they had. He said that a hearing is held to bring up facts regarding the issue at hand, and otherwise there would be no reason for a hearing if Staff found that an applicant met all four conditions. �1r. Finley said that traffic conditions had not been considered. He said quite a bit of time had been spent at the Current Planning E Zoning Committee hearing, but not at the Planning Commission meeting. He also said he thought some members of the Current Planning & Zoning Committee had not taken into consideration some of the points brought out by residents' testimony. He went on to say that the traffic problei:� would increase and create a safety hazard. P�s. t�lorton summarized t�r. Finley's testimony, mainly that in his opinion the error in procedure was that the motion was in error in stating the Committee had no latitude, and that busy streets, no time for public testimony at the Planning Commission meeting, and increased traffic were not brought. out as facts in the previous hearing. . JOHN T. FINLEY MINUTES PAGE TWO � Mr. Peterson discussed he three homes which were mentioned regarding the 1320 ft. rule and asked if they ere residential group homes. Ms. Morton said they were foster homes and do not fall into this category. Mr. Grais asked about t small amount of play area for the children. Mr. Howard Rod, Program irector for Alternative Homes, said his program is one of residential treatment, n t a foster home nor group home, and consists of small groups with counselors. He exp ained that they rent swimning pools once a week, use neigh- borhood facilities, take the children roller skating, etc. He said there is no recreation at the site, nd said these children are a few years behind other children so the program has them n organized activities with staff supervision at all times when they are not in sch ol. He said they actually do not use a yard. Vacations are arranged by foster h e visits. He said the children are in school year round and there are no vacatio as such. Mr. Grais inquired whethe Mr. Rod had complaints regarding his operation at Bremer House and Mr. Rod said ve y few. Mr. Grais then asked how much it would cost to rehabilitate the site at 210 Albemarle Street, and Mr. Rod said between $5,000 and $10,000, with around 50 v lunteer workers. Mr. Peterson said he coul n't help but wonder how the children who are emotionally disturbed can be kept in controlled, confined area 7 days a week, 24 hours a day. He mentioned the five off street parking spaces required. . Mr. Rod said 3 additional paces would be added; there is one driveway available and a garage presently on the ite. He�said they do not let sma11 children just go out and play in the ,yard as th y must go out into the community, and he said they had looked at probably 100 bui dings before deciding on 1210 Albemarle. Mr. Peterson said $10,000 ould not repair the building, and Mr. Rod said that, if necessary, they have addit onal funding from three foundations. Mr. Grais asked where the hildren came from, and Mr. Rod said Ramsey County could easily fill the whole prog am. He added that the children are not confined and the fence is only to keep them from running into the street. Ne said at this age the children will not go out a harm the neighborhood. Mr. Jung noted three letter which had been received since the last hearing from 1) The Fire Department sayi g 1210 Albemarle is in compliance, 2) a former employee of Mr. Rod, Emma B. Kirk, a d 3) another former employee of Mr. Rod, Richard S. Anderson. Mr. Parrish asked whether, ssuming the proposal is allowed to go ahead, there are any conditions with regard to t e building on the site that would require future variances. Mr. Jung said there were no e he was aware of, and if a variance is requested, it would be another matter. Mr. Parrish then moved deni 1 of the appeal and his motion was seconded by Ms. Sumners. The motion did not pass, wit a 3 to 3 roll call vote, and Ms. Morton advised the Board that four affirmative otes would be needed. Mr. Straughn advised the Boa d that their function is to determine whether or not the Planning Corr�nission base its decision upon facts which are incorrect, and it is � JOHN T. FINLEY MINUTES PAGE TNREE --- not enough to find that he Board would have made a decision differently from the way the Planning Commiss 'on made it. He said in order for the Board to make any decision, they must have four affirmative votes in favor of the motion, and that a motion contrary to the p evious motion may get four votes or it may not. Mr. Grais questioned Mr. Straughn regarding the intent and purpose of the Ordinance and the Board's duties. Mr. Straughn told him the Board had the same function as � the court has in reviewin city actions. The court cannot overturn what the city has done unless they find an rror in procedure or fact. He said the power of the Board is not to take the place f the Planning Commission, but to determine first if the Commission made a determi ation based on improper procedure or based on improper fact. If they found this determ nation, then the Board would have the powers of the Planning Commission to modify or d ny the permits, but until they found there were facts that were improper, and not ju t that the Board would have made a different decision, the Board has no power. Mr. Grais pursued the matt r of the four points for Special Condition Use being satisfied and whether the oard had any jurisdiction. Mr. Straughn replied that the Planning Corrre�nnission ma have made a decision based on other facts than just those four points. If their fac s were incorrect, then the Board would have the pawer to deny, but it goes beyond t ose four points. As to whether there is another group home within 1320 feet, if he facts say there is, that would have been improper for them to make the determina ion they did and the Board could overturn their decision. If the Board does not have facts that the Planning Commission was incorrect on that point, the Board could not verturn the decision. Mr. Peterson asked if the y 1978 opinion of the City Attorney was just the City Attorney's opinion that the e homes cannot be classified as residential group homes , or is there a court ruling n it? Mr. Straughn answered that it was just the City Attorney's opinion and ther was no court ruling on it. He added that the City Attorney's opinion is based on the Public Welfare Licensing Act. Ms. Morton referred to Mr. raughn the question of resolving the 3 to 3 tie vote and Mr. Straughn said that i the event this Board is unable to act, the determination of the Planning Corr�nission w uld still hold. Ms. Morton informed Mr. Finl y that he could appeal this matter within 30 days to the City Council if he desired. Submitted by: Approved by: _ / /� ; , � � ��rl (174 � ��C`G+,��i�t;�' c � `,�� . � ��,: - ,. � � . ' �� Laurence . Jung Gladys Morton, Chairman � DEPARTMENT OF FIRE AND SAFETY SERVICES - 101 EAST TENTH STREET ;6 ��. SAINT PAUL, MINNESOTA 55101 �� `1 L CHIEF STEVE CONROY,D/RECTOR ' ' ` FIRE PREVENTION ASS'T CHI�F EDWARD HEINEN ''�� FIRE SUPPRESSION ASS'T CHIEF ROBERT PYE SCUBA RESCUE fIRE MARSHAL DAN NOARCiRAN ��H� AMBULANCE �; PARAMEDIC -. • �Mi_ _ May 3, 1979 Mr. Howard Rod � � � � � U � U 1786 Lake Street ��QY � 7 ��f� St. Paul , MN 55113 - CITY PtANNING BQARQ Dear Mr. Rod: Saint Paui, Minnesoq SUBJECT: 1210 Albemarle On January 22, 1979, I made a fire inspection of a building at 1210 Albemarle which you proposed to purchase for use as a residential treatment home for emotionally distrubed children. This building is in compliance with the fire codes applicable for this type of occupancy. If you have any questions in this matter, please call me at the Fire Prevention Division at 224-7811. Sincerely, � ��y� .�� Greg Plante Fire Inspector JP "Your Safety Is Our Concern " PETER P. STUMPF • i � Senator 64th District i Room 3?8 State Capitol St. Paul, Minnesota 55155 Phone: (6l2)296-4193 Senate and 1444 North Grotto St. Paul, Minnesota 55117 State of Minnesota Phone: (612)489-2532 April 24 , 1979 As an elected official of the neighborhood affected by the possible location of Alternative Homes at 1210 Albemarle, I feel it is my obligation to make known my views on the subject. Numerous constituents have called and written to me concerning this matter. They voice deep concern over the future of their neighborhood if Alternative Homes is allowed to open. The St. Bernard' s area is a well maintained community of homes, many occupied by the elderly or by second and third generation residents. There is a pride in their homes that is very strong, and is evident in the well cared for lawns, gardens and home exteriors. Zoning regulations should be designed to protect neighborhoods from the possibility of decline. All too frequently we in the center city are asked to accept numerous social programs that would be immediately rejected in the suburbs` or in the "upper income" areas of the city. The pattern, once established, is difficult to reverse. The fears raised by the location of Alternative Homes are valid. Parking problems and noise problems are the most evident, but there is the potential for additional problems related to behavior and maintenance. The zoning board should be totally convinced and requi.re iron clad guarantees before it even considers the allowal of the group home. People tend to be selfish when it comes to conditions that will affect their neighborhoods, and rightly so. But how many on the zoning board would want to alter the character of their neighbor- hoods? We should remember that all in the city of St. Paul suffer when a neighborhood is adversely affected. The people of St. Bernard' s are hard working, decent citizens who do not begrudge security to those in need, but they are vitally concerned over the security of their neighborhood also! As their senator, I am just as concerned. COMMITTEES • Education, Vice-Chairman • Energy& Housing • Finance • Chairman, Computer Subc. of Finance • Chairman, Joint Senate/House Library Subc. of Education • �n �� Chairman, Ramsey County Senate Delegation Y � REPRESENTING • North End, Como Park, Payne-Edgerton, Thomas-Dale, � McDonough Neighborhoods of St. Paul and a Portion of Roseville . i�� f• Tom Osthoff .�°�;°°==��. Min�eS�t� � District 64A !�,�,ii,�—� Ramsey County ! �� - House of Committees: � ` �� i '�:,�,=-�'�j .....: Genera� l.egislation and ��•� _:� � �-:`�. Represent�tive� Veterans Affairs w-=-'� . Environment and Natural Resources Transportation April 23, 1979 Gladys Nbrton, Chairman Zoning Board of Appeals llth Floor, City Hall Annex 25 West Fourth Street -- St. Paul, Minnesota 55102 Dear Ms. Nbrton: Because of scheduled committee hearings at the Legislature, I am unable t�o attend today's hearing on Alternative Hca�ues, Inc. I w�uld, however, like to express to you my ooncern about the wisd�n of locating t1�at program in the facility at 1210 Albemarle. In reviewing the proposed program of Alternative Hvmes, I find it t�o be very worthwhile. The director's credentials, experience and ooarmitm�nt lead me to believe that he will conduct an�excellent program for children who need the special care that can be provided in a group h�. But I am very ooncerned about the adequacy of the fourplex at 1210 Alb�narle to house such a program. The yard size in particular sePms to be inadequate for the needs of fifteen children. When additional parking spaces are added, the yard will be even smaller. I realize the lot size meets code requiremQ.nts, but I question the advisability of locating Alternative Homes in a facility with so little recreation area. During your hearing this afternoon, I e�ect you will be listening to a good deal of testimony on this and other issues. I ask you to oonsider whether locating Alternative Hcanes with its staff and fifteen residents on a very small lot in an already-crowded neighborhood is a wise decision. Nbre i.n�ort.antly, is housing emQtionally disturbed youngsters in a facility with little or no yard space in their best interests? I hope you wi.11 conclude that it is not. Sincerely, . ! ��- Zban Osthoff /� � � � � � � � �1 APR 2 � �97g Clil' PLANNlNC �OARL� NOT PRINTEO AT GOVERNMENT EXPENSE SairK Paut, Minnesot� epiy to: 267 State Office Building, St. Paul, Minnesota 55155 296-4224 �� e�, MEMO To: St. Paul Planniag Commission From: Richard Goebel, Chairperson District Six Planniag Council Date: March 7, 1979 Re: Granting of a Conditional Use PermiK to Alteraative Homes Inc. �n order to • �perate a Residential Treatnient Facility far Emc�ticnal2y Disturbed Children District Council Comments A resolution waa �oad� aad passed that ths request for s 8:?ecial Condition Use Per�ait by Alternative Homes Iu+c. be denied. The District Six Flanning Council appreefate� tlze opportuafty to subu�it comments ��onceraiag the granting of a special eondition use perwit to Alt+ern�tive tfomea Iac. On the evenfng of Tuesday, I�tarch 6 the District CounciT as a whole met for their monthly meetin�. Approxiqzately 15 zeaideAts in the vicinity of 1210 Albemarle at- tended the meeting to diacuss the ageada item of Alternative Homes Inc. ??uring -•tfie discuasioa concerning Alkernative kanes lpc. reaidenta �were asked�-�Ca�°voice the�r objection to the gr�nti�}; of a special condition use permit to Alterne�tive Haalea Inc. Three coacerna wexe raised by residents of �he areas . 1. Traffic - Maryland ia a heavily trav�l,,d toute both for cars and truckR. The intersection of Rice St. and Maryland, a very congested Yntersectiou, is 2 blocks away froc.a the house. 2. Psrlcing - The ares is already heavily Iaden with parked cars due ta St. Bernard's proximity, the limited partcing on I�Iazyland and proxfmity to a ca�►eYCial area. (Rice St.) 3. Pr�.gram - Yt is felt that the side lot would not be of adequate size for the s��mber of children that'are planned for the program. It is al�o felt that che building is not suitable eithes. The District Six Planning Council was provided w�.th the ?.oning 5taff report on Alternative Homes Inc. The District Plaimiag Councii also had the opportunity to hear the views of District Council meoabera who had soade inquiries about Mr. Rod'a _ program and credentials. Following discussion, a motion was made and passed that the DistricC Six Planning Council submit a reca�nendation to the Zonfng Commission requesting the denfal of - a special cor_dition use permit to Altesnstive Homes Inc. 7'L3 Planning Council is composed of 13 members. 8 members attended the meeting on March 6th. 4 Council members voted in favur of the resolution; 3 members voted against. Thank you for the opportunity to comment on this u�atLer. ' �,LTER.T�TATIVE `�C�i�� II�T�. , ;,; , . � ��,u�Y,�� 3., , 19?9 _ ' 0= Di4ECTORS AOMINISTRATIVE OFFIGES -_ -- = --�"_.__ . .- 1786 LAKE ST. = - - � 5T. PAUL MIPiN. 55t 13 ' - __ --. __ � T,:`, �,hl+ � '. ' ' _ - • � . . i .C�YY��-�Y =a^�-:.`A DIRECTOR �: ._`? .•:C�.�al lv _��-_n� Co�-:r�ittee - � ". =s� �'�tr: �Zree� - :�c. _ ?J_'.`1 ��_-:t _ aul , P.�n 55102 �..=r ::s .:c:�;eally: �.�� re ^ereb�r r.�a'_�in� an a,_��licat�on for a S;�ec�al �onditio:�al L'se - �?r^�:�� ror. the pro-?erty at 1210 nlUe�,.arle aj�. , St. Faul, I.n, leoal - �t�r:�:ion �.s lot 14 �: 15 , �'�cY. 1 , r�ranz J?vision� to be used as ; res_��tial tre�tment center. �1.�ernative i-io!�'es, Inc. is a non- �ro=it cornoration and ��ill be l:�asir�� s��id pro�°rty. ��-r �ro�r?r? is to serve up to 15 childre-� af;es � to I.S , boys and �irls �-'l:o ^��e c�ronic , social , e�,lotional �rd r.eurolo�'ical nroble�:as. i��e�r c=��11�? �e of norr,al or near no-r.r:�al in�elli�ence , not have severa :- sic?? d�si�ilitie� an� not 'r:ave as a �Y�;��ar;;.r -�ro�le►�, c�elincvencS� ��= c'�... .�c?1 de��e�dency. ___!';;;'_^?°_^C2�� rained C1711C�. ca-re �'�'OI'C:.'Y'S :''l�.�. ::"''��i_�� L� !lOUr' ca.re -_--� =r?�±TMe�t. Tnese staff v�ill ��:ork �o��in�, � �iour, ol��rl?pz�i�^.:� � .__�- �o �ro�ride F�.2XlI?lUr� covera�e �ur. _�:�r �:_,^ �.c+?vit-� periods. _�� 4.;ld�� is currentlSr a iour-�_�1:�1: o� �. ca:;:;le Iot 120 ' � 63 ` . _ ,•i�= �se the enTire buildin� for our pro�r<:-.... -_s -:-° �r� �trifin:� to be able to ��:cct�pt c!:ildre7Z i:�to our pron� am �.:;r;.. _. �.-_e ��rst part of ipril , v;e :��ill a�'�12C1�. �;c any assistance - c-� =��te to �et a decisio� sor.:e�ii•;e dur�:�� 'r'eb�uar;;r. •J'� " _ �:^ou1� ;rou need further i:�fornatior. :�lease call r�e at 6�4-5524. ��.�r:: �io:; for �rouz• cooperation and assistance . 'der;� try�ly yours ,..,- � .. :, , ,.- ��'`� %' - ir.S-' , - : �.� .��:; „ .,:; � % �-'�`' ✓�� ;. ��'`��1 k'�o:•:��'rd L. Ro�' _ Pro�ra:^ Direc�or .�;, �� s + �. �`�:,�� ;;�� ;� - $� . .:.:�,, r 1 '� �'�,L" �-'v �l: �, .___"'—•.`. 5. �j i•�i � n., ��' �-�.r:,� � J ' �� - district six piannin council �S��a . February 28, 1979 Planning and Zoning Committee of St. Paul Plannin� Commission c/o Zoning Section 1101 City Hall Annex St. Paul, FtN 55102 �.ttention Plannin�; and 'Loning Committee of the Planning Commission: The District Six Housing Task Force and the District Six Executive Committee have both discussed the issue of granEing Alternative Homes Inc. a special condition use permit to operate a Residential Treatment Center at 1210 Albemarle. The respective District Six Committees are aware of local resident concern with the proposed move of Alternative Homes Inc. into 12I0 Alber.iar�e. Additionally, the District Six Co� � ittees have had contact with Mr. Rod, Alternative Homes' Program Director, and are inforned as to the praposed program and its licensing compliance with the Department af Public ?Jelfare. Because the District. Planning Council as a whole will not .meeC until Tuesday, t March 6, the Executive Committee of the District Six Planning Council requests tk�at the Planning and Zoning Committee of the 1'lanning Commission delay action on the granting of a special conditi.on use perrnit to Alt�rnative Homes Inc. until the District Six Council as a whole may hear the reports of both the Housing Task rorce and the Executive Cor�ttnittee. .4 one month delay on any action would allow the DisCrict Cour.cil as a whole to discvss this very controversial issue. Thank you for your attEntion to this matter. Sincerely, . /'�c-C..c/-�� _��/��/ : Fre� S. Haider �-� Chairperson Uistrict Six Planning Council ESH:el � . r : . . � � I � . . . . . . . .. � . ' . � . . � � . . � .� . � ' � . � . . . . � � � � , � � . . � . . . .. .. !,� .. . . . . . . , _ � � . . I . � ., . � . . � � � � . . . . � : . ,. � .� � � . ' � � �� . � . � � . , . . / / .. , � . . , . �/ . • � . � . . . . . . .. . � . '�� . . � . . . , � . . � . . .. � . . � � _ .. � - . � � . . . . , .. . � . . .. . i � � . • . . . . . � . � , � ' . . ' , ' . . . . . , ' . . . '. . . . . . . . . .. . . + ' .. . . , . . . .. . . . . . . . . . � . . . . � . ' . . . ,, . . . . / , . . � � .. . � . � . � " � � �. ' ' � � , � � � .. ' , .. - . . � , . / . . . , . . . .. _ . � . . � . . � : � . . , . . . . ' � � � � . . .. � . � �� . . � _ . , July 24, 1979 �, " '. 1 � � . ' Pisnnin�3 8tsff, Zoning I�ction �.l�h �7�k�pr, Ctty Hati Annpc � 3L. P�, �ti n�NO� , � . . . l D�tr $�3«s t � � � � • 'i'hs C��.•t_CaunQil �oda;•T aont�nwd fOr �M�a �►�t1cs �o Au�tat 7, 19'T'�, ;hi� +�t��r of th� a�s1 of Jot�n T. \Fin1�y to � docisia� ot � ' PT�►nrr�i� tk�ei�sian cr��mia., a .ap�ci�l e�laion wq �rsit ia�i�d te� A�#¢rna�i�nr Aoa�t, Ina. �t tbe nerth•►�al�� ou�ra�r of Aib�eri� � � � ,3�' iir�l Msrvl�nd Avrnue.- � � � � • � � � � � � � , ' � Y�r, � t�Y J�'�, i . RoN Ni! .. , � " . Ci�jr �.� , ( ' � . . �,. 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' . - . � •. � . � � � � . . - � �� . � . . . � . . . I . . . . � . . . . . . ' . \ �. � � . . . . . . , � . I � . . . . .. . - . . .. " . . . . . . ._ .. � . . . � � . � . � ,\) . . • . - . ,.. " . ' � �I . . . . . . � � . . � � �i " � . . .. � I - , . � � � .. . . � . ' . . . . . _ ' . . . , i r . � • � - _ . I . . . • ' .. . . , , , Ju],jr �, 1gT9� ` ` , ; � , ' � Pl$nning ,�taPF, 7Aaing 9ection \ ` , Zl#.h Floc�ri, C�ity Hall tAnnex , S'-,. Paul; ,�LY.nnesota� . , Dee►r Siru� - " � , � ( Please 'be ladvised that, the Counci,l toclay �.aid ov�ar until July,24�h� � . the a�ittez+ of tiae appeel of John T. Fi�ley �Co a decision of �the - � , Planning �c�mniaaion cot�cernin� a apecial condition uee permi� iaaued .. � to Alternaltive �i��mes," Inc., at the �nc�rthea�t corner of:Albemarle � �' , � 9tree�t �c� �tax�y�and Avenue: The psblic hearin� �a conclwded st todey'� in�; With the deQision to l�e laid over unt�1 �Tuiy 21tth an� no pa ,l;ic testimony will be rsce�'ved �o�a that�d�ite unleas thert ` are apec��ie qn�stione of th�e�City Coune�l. � ; , Very� tru]y yaura,. i _ . � , Rooe Mis � ; City Clerk_ , " �� ,-1 � : _ ; ABO t,,1a � . • ccs Hl,dg�'Dept., Roos bL5 i ' . � . . . , - , _. / , I _ , , . , . , � � , � _ ' . : % . � _ � : � � . , , d !, �.�►��" � � � � �� lSCUSS�v�� P �� P � yi PIIMUTES OF THE CURREPdT PLANPJING AND ZONI�JG COP4P�iITTEE �4EET�C;U�"�Pto��'� s� ' CITY COU^�CIL CNAi'�BERS, ST PAUL, h9IN�l. P�1,4PCH 1 , 1979 r PRESEidT: ��'�nes. Karns and Summers, f�lessrs. Levy, Fitzgibbor, Levy & Bryan of the Current Planning and Zoning Committee; Mr. Jerome Segal , Assistant City Attorney; h1r. Steve Roy of the Division of Housing & Building Code Enforcement; �4s. Fox and Mr. Jung of the Planning Staff. ABSENT: P�cGinley . The meeting r�as chaired by t�lr. James 6ryan, the Chairman. � ALTERNATIVE HOMES, INC. �;8407) : An applicatian for Speciai Condition Use to establish and operate a residentia7 group home for 15 children with chronic social � emotional and neurological problems, at 1210 Albemarle. The applicant was present. There was opposition present at the hearing. Mr. Jung showed slides of �he site and reviewed his staff report ��ith a recommendation of approval of the Special Condition Use s��bject to increasing off-s�reet parking from two to five spaces, and subject to fencing the site. Mr. Howard Rod, 1786 Lake Street, th� applicant, was introduced by P4r. Patrick Sweeney, attorney for the petitioner. who said Mr. Rod was Executive S�cretary of Alternative. Homes, Inc. Mr. Rod explained that Alternative Homes had been before the Ramsey County Board of Commissioners previously trying to see�c use of Woodview Detention eenter, during vrhich time they had been investigat�d thoroughly as to their progr�m, funding, etc. by various city groups_. h1r. Rod said they planned an upgrading and improvement of the site on ATbemarle in such a aaay that it ��rould benefit the neighborhood. Ne said that fears of the neighborhood regarding their us� of the property tvere groundless. F�r. Levy said that the Current Planning & Zoning Committee had to deeid� whether the building on Albemarle would be altered and rehabbed in a way that would be consistent with the zoniny laws and the Committee is i��t supposed to look at D.P.tAI. Rule No. 5. He said the concern of the Conmittee is not a�hether Alternative Nomes is a good or bad program, but whether the facility meets the criteria of the zoning law. D1r. Rad explained that he knew the facility was controversial and that people have a11 - ki�ds of fears. We said the neighborhood had been cantacted and the program had been explained. He said that at a Housing Task Force meeting, Alternative Homes had tried to alleviate some of the neighborhood fears. He added that a neighborhood advisory committee could be formed if the neighbors desired it, and Alternative Homes wauld � comply with all zoning regulations. Mr. Levy questioned the off-street parking and h1r. Rod said there are six spaces in front of the building now with one space in the garage and one in the driveway. He said they do not anticipate that there 4ri11 be more than six or seven adults in the program at one time. He said Maryland Avenue would still be available for some parking. '� : . Ms. Colleen Rod, I786 Lake Street, said she had seen many people and talked with them and gotten letters of support. She said she and her husband have nine children of their own, and she is familiar w:th the way he runs Alterantive Homes programs. She said children need places like Alternative Homes programs tivhere they can get care and att2ntion, and she hoped that no one at the hearing trould n�ed such a facility for their own grandchild and find there is no such place because of neighborhood opposition. ,. _, ._.... _._. __ . _._ _ _ _ _^.. _ _ .__ __ .... _ _ __. _. _ _ . . _' f� �� i [ ' ` ALTE°�aATi�lt HOh1ES, INC. �� PAGE 74J0 1 , ' FnR UISCUSSI�� PU�POS�S Qi�LY Mr. Josepn Prifrel , i094 Woodbridge, said he had been asked by the group of people present to present their opposition to the Committee. Ne tolc� of being a member of the Planning Commission and zoning boards in the past, having supported this type of , home, as �•rel] as a member of th� legislature for 34 years and sponsoring much legis- lation to help youth. h1r. Prifrel said he is active now in helping the younger gerer- ation and, although he ��as not speaking against the program itself, he knows the neighborhood well and knows what it can be used for. Mr. Prifrel explained the danger at Albemarle and Maryland and why his group was opposed to the residential group home being established there. He said this corner has one of the highest rates of fatalities and injuries from people trying to cross the street. He described the old building proposed for the subject facility and said that it is a good place for senior citizens because it is one block from church, close to a bus stop and places to shop. He said that if the Alternative Homes program is allowed to come in, many of these elder7y persons ti�ould have no place to go. He mentioned a Mrs. Bishop, living adjacent to the proposed facility; as b2ing listed as a group home, and another person living dawn the street being iisted as taking care of four children. He told of the pastor of St. Bernard's Church, v�ho every evening associates with the young people of the neighborhood, and who had sent a message that the location at 1210 Albemarle is not the proper place and would be a hazard for the children. Mr. Prifrel said that his own per�onal opinion, as autnor of the bill that created this program, was that the children have�probiems that must be taken care of, but he believes this location is not the proper one. P-1r. Levy asked Mr. Prifrel if he had knowledge of any site that woul'd be more appropriate for this program, and f�ir. Prifrel said such a facility should be far enough away from neighbors to avoid bad feelings as this is unfair to.the children. He said there must b� more open space than there is at the proposed site: H� said traffic on P�taryland tivould practically prohibit carrying� on the program of the aaplicant, as disturbed children would be unable to sleep, etc. He then presented some photagraphs of_ the site to the Committee. Mr. C. E. Bahr, 1216 A7bemarle St•reet, said he lives in the white house across the alley from the site abou-� 30' away, and he feared there wouid be problems with 15 children at the subject site, such as bre�king windows, dumping garbage, etc. Ne tho��ht tr�ere should be a location out of the residential district that would be more suitable. Mr. Prifrel then presented a petition signed by 195 peopTe within the neighborhood in opposition to the proposed facility�, the opposition being based on high density of commercial establishments in the area, hazardous traffic in the area jeoparding the safety of the children, and a lack of recreational facilities. Ms. Mary Albrich, 189 W. Maryland Avenue, spoke in opposition, saying she thought that children with emotional problems need peace and quiet and therefore the proposed location ti��ould not be suitable because it is not a relaxed atmosphere. She sazd there are four schools in the area, a roller rink, city bus, school busing, a horticulture garden center, city trucks, etc. , and �vith all of this, it would not be a place for these children. She said Maryland Avenue becomes a racetrack for motorcycies and a 4-way stop is badly needed on the corner of Albemarle and Maryland. Mr. Red Vanek, 1102 Rice Street, said he is chairman of the North End Business Association, and he is against the proposed project because of the traffic situat�on. He said �doodview Detention Center had been the best location until it was given to Nerr.epin County, as there had been enough room for these children to move around in, and the 6th District will go along wi�h the idea that the children need ta be in an open area. ,� �, ALTEftNATIV.E HOMES, I�JC. ' ; �ql� ' � � � � � PAGE 7NREE . Fa� DISCUSSIC;�� ,�POS�S p� Y � � htr. John Finley, 1050 Mary Lane, a County Com�-nissioner for District �, said he tras not sure he tvas in favor of the proposed facility from the standpoint of the program. An in depth study had been made by the county, he said, adding that he had been a strang proponent for the t�Joodview site for Alternative Homes, Inc. because it was more suited far this home than it is for the Hennepin Detention Center. PAr. Finley said that Mr. Rod is we17 qualified to run the residential treatm�nt center ti��ith a good program and the probTem is just the location in which it is being proposed. He said he hopes the legislature ti�ill repeal the stadium tax, which would mean Hennepin County will not have to move their juveniles to Woodview and this would free it to take care of Ramsey Gounty residents tivho need treatment. He said the 4loodview area is w3de open and has . play area, but the proposed location, one block from R9ce & Maryland, raises difficult prob7ems from a traffic standpoint. He said the 15 children ti•rould not be given a fair shake in such a densely populated are� r��ith such high traffic. However, he said, if anyone could run the program successfully, it would be Mr. Rod, but not at tMis ]ocation, so regrettably he had to oppose the program going into the location as proposed. Mr. Levy said that the intent is to create a near normal setting for people with behaviora] problems, but that Woodvieu�� is like a campus quite far removed from the daily lives that children wi11 move back into. Mr. Levy said he is not convinced that a large campus is necessary whenever there is a problem lik,e t;�is. P�r. Finley said it was the size of Woodview that made it a better location, and mare is needed for these 15 children than a double 40' lot. He said Arlinqton House fit into the community; there had beerr some corsT�nity probler�s , but opposition there has faded since he voted for that. � - Mr. Rod said that everyone is concerned about kids, tnat he has run three programs: 1 ) Bremer House 2) Crocus Hill Area 3) Da1e and Portiand. He said Da1e is a busy street. He said tne question is whether the children will be protected from traffic and �vill the program bother the neighborhood. He explairred that their children are totally supervised, and are in school from 8:30 to 2:30, and not running around the neighborhood. At 3 PM the staff of 16 to 18 changes, and they are able tv have the children in small groups in the afternoon. He said these children are 4 to 5 years behind rormal childran, so �roups are formed and they rent places for them �to go. He said that 102 to 11 is the average age of the children. He indicated that the pastor Mr. Prifrel had mentioned had been in favor o-� his program when he talked with him. D1r. Prifre] interrupted to say that the pastor was not against the program, only against the location. There being no further public testimony, Mr. Bryan closed the public hearing. He then noted a letter received from District 6 regarding a March 6, i979 meeting which wouTd be held before the Planning Commission's P•larch 9th meeting, and announced that if anyone wanted to send anything to that meeting, they could do so. • Mr. Fitzgibbon moved to recommend approval of the Special Condition Use, based on Findings 1 through 5 of the staff report. His motion was seconded by P-ir. Levy. Mr. Bryan asked that the motion be amended to include five off-street parking spaces ta be provided and that the lot be properly fenced. P�r. Segal said the height of the fence may be ambiguous; however, �1r. Fitzgibbon said he would go along with a six foot maximum cyclone fence, and Mr. Levy recomrnended a cyclone or security type fence. Ms. Summers said she a�as in favor of the motion but wanted an amendment that a representa- tive of District 6 have an opportunity to speafc before the Planning Commission on t�larch 9th and give their feelings on the situation. The motion was so amended and passed on a 6 to 0 roll call vote. � . .�, ALTE7�.PlATIVE HOi�iES, INC. �� MINUTES PAGE FOUR �� . ' i 1 . t � Mr. Fitzgi5bon said he wanted the opponents of the proposal to be made aware tf�at the only role of the Current Planning and Zaning Committee is to determine whether the permit of the Special Condition Use meets the requirements of the Zoning Ordinance. He said the Committee has no role whatsoever in approving or denying the �ype of program, or t�here it is located, as long as it meets the current zoning requirements. ke said if the opponents of the propasal have objections to the type af program or the iocation that go beyond the zoning ordinance requirements of the City of Saint Paul , there are other legislative means open to them such as the County Board and the State Legislature. Mr. Pangal asked Mr. Segal if the Committee had the power to determine locatian and Mr. Segal said the real question is whether the Committee could look beyond the special conditions in determining the use. He said he is not aware of any specific provision in the Zoning Ordinance that deals with that. He said there is a provision �in the definition section (60.392) defining Special Condition Use which says hardship is not required in order to grant a Special Condition Use. He said he beli�ves there wouid be authority to deny a Speciai Condition Use if in the opinion of the Commission and based on facts and evidence before the Current Planning & Zoning Committee the finding could be supported that the proposed use would create a hazard or dangerous condition or would not be consistent with the general concept of zoning in the area.- However, he said, there would have to be facts supporting that kind of finding. Mr. Pangal asked that Mr. Segal review this particular questibn and Mr. SegaT said he would pursue it. Submitted by: . Approved by: �v (/`�"�L�� Laurence 3. Jung James Bryan, Chairman .� S ��`� � P �.P�S� SS�G� �� F 0� �`�'�� L' . " JOHN T, FINLEY MINUTES PAGE THREE . Homes had ever applied for a license for a different part of the city. Mr. Jung said this had not been done to his knowledge. Ms. Morton read a 1 e�ter of opdos i t;r,n �n+� +�- --- • - � i� . MINUTES OF THE P1EE7ING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAP-1BERS, APRIL 24, 1979 PRESENT: Mmes. Summers & Morton, f�lessrs. Grais & 'rtoods � ABSENT: Messrs. Peterson and Parrish The meeting was chaired by Gladys P1orton, the chairman. JOHN T. FINLEY (#8433) : P.n Administrative Review appealing the Planning Commission decisio� of ��arch 9, 1979 granting a Special C.ondition Use permit to Alternative Homes at 12i0 Albermarle Street. _ The appellant was pr�sent, There was opposition present at the hearing. Mr. Jung showed slides of the subject site and reviewed his staff report, with a recommendation of denial of the appeal . John T. Finley, County Corrmissioner representing District 3, the appellant, said the subjecfi site lies within his district and his appeal was made not solely on a personal basis, but also on behalf of'those who had attended the meeting of the Current Planning & Zoning Committee regarding 1210 Albemarle as a location for the Alternative Nomes program, and who had signed a �etition at that time, He said he wanted to bring out two things from that meeting of the Current Planning & Zoning CoR,rnittee. 1) � Mr. FitzgibbQn had ex�lainAc� to those in attenclance that they had no alternative but to approve the Alternative Flomes � request because tihe conditions had been met. P1r. Finiey said this was not accurate, an� therefore he questioned the basis upon which the approval had been made. 2) A legal decision of �4ay 8� 1978 saying that �the foster group home was not abso1utely considered to be a residential group home 3f there are other foster homes in the area. It does not say, tr.r. Finle+� contended, tnat they cannot be considered residential group homes. He said s��af� ha�� =ointed' out that ther� are three group foster homes within 1320 ft. of 1210 �a:bemarle. ihe main reason he felt this site is not a proper location is because of tn�se other homes� and also because as long as it appears that the legisiature has stcpped the domed stadium in Minneapolis , the t�loodview Getention Center may again becom� availabl2 for Altgrnative Homes. Mr. Finley then attempted to obtain an oral vote from those �resent, bu�t Ms. f�lorton told him the only issue before the Soard of Zoning Appeals at this hearing was whether or not the Planning Commission erred. Mr. Finley then said he wanted to stress {that there were three family r"oster care locations not considered within 1320 ft. and that the Current Planning & Zoning Corr�nittee had the apinion they must approrre the request becauSe all four requirements of the -Zoning Ordinance had been met. . � P1r. Segal said th t the hlay 8, 1978 opinion af the City Attarney analyzed the question af whether a foster �iome was a residential group home within the definition of the Zoning Ordinance and the opinion pointed out that, although there may be two possible interpre- tations, to rule hat a foster home was a residential group home within the meaning of the St. Paul Zoni�g Ordinance would create a conflict with state legislation. It was the opinion of th�e City Attorney that the correct interpretation was that a family foster home is not a residential group home as defined in the 7_oning Ordinance, and since that time the Plannin�g Commission has follnwed that interpretation: F1r. Grais asked h�r. Finley's reaction to that opinion, and �1r. Finley said he could not disagree, but he still felt a family foster home could be a residential group home. � • . . l __..__... . .. _ _,..,..� _.._._._.. ,.�,�.�,....,...,...�_..,...,._....�.�..a.�.. . _ . ..�._ _ ....._.,.�� _ , _ JOHN T r*•�� --- � PAGE FOUR • - � JOHN T. FINLEY � MINUTES - discretion in the subject matter, and Mr. S�gal d Commiss.ion� re h1r. Grais asked if th�e Board had any •�.ed in the Zoning Ordinance are met, e Board would be doing was to reveeulthe decision of the Plann�n9 lanning said what th ecial condit�ons r q which is that all of the Seals is reviewing that decision. ustifdable�reason to deny the d so the Board of Zon'�narepof the opinion there is no other j conditions Commission says they e�it and that would fall within the area of any Special Condition U�e P this articular use would constitute a nuisance or hazard existing which would show P to the safety, etc. of the neighborhood. was not right?" °re sked: "'What if we felt that 30 plus people in that building Mr. Grais a Ordinance Mr. Segal answered ;by saying, "You would have toaddecision ofcthe P1ann�ngnCor�►ission says this Board may reverse or affi�'�► °owe�slof the Planning CommissiQn." He. added that and in doing so the Board has all Wer to impose conditions. the Planning Comr�i$sion has the p and Mr. artment had been out to inspect the buildin9'and Fire Mr. Grais asked wheth�eran�ethat�thepbuilding met all requirementHe saidetheuallegations Sweeney said they ha , were Planning & Zoning Committee had n0notedntheeconfl�ictgin inspe ctors, as well as requ�rements of Rule #5 for licens�n e that the staff of thha�uateleast seen photographs. P�1r. Sween y not true, that th�y wanted the elderly of the area to continue living where they et they oppose the the.neighbors' testimony, �ace for them in the area,, and Y at this site becawse there was es Program living at the site. He said no real facts had children of the AlterallegatHons. p been presented, on1Y lace, and N'�r. Rod said G Code Enforcement had checked the p Ms. Summers if someone from B�d9• he did not know if this had been done currently• ��lding, only the children. He lained that the staff do not stay in the b M;. Rod exp of Alternative Homes and said some of it wauld be used for also descr�bed the funding renovation. Street, questioned what had beea in�dthatuwhat hadsactuallys P�Is. Susan 4Jaite, 1200 Marton articular children. not being good for children, aneSM�ad�not workedeoutdforrthese p the been stated was that foster hom There being no further public testimony, Ms• tYlorton closed the oublic port�on o hearing. the Planning Commission had made some recomm�ndation could be maderto make a clear cut dec�slon, Mr. Woods asked whether ointed out wheth as he would like to have it definion�th?s parti'cular project. an error when they held a hearing d to have a fact of where the Coa��the°voterof the Current Ms. P�1orton said �he ofathehCommission. Mr. Woods remarked th �o�ission 14 to 0. overturn the ruling MS. Su�ers said the Current Planning & Zoning Co�nittee had been 6 to 4, and the Plannin9 that there had been He asked i f they had gone through this�,throughhthe�mat er quickly, Planning & Zoning Comm�ttee d�d not g deliberation and a lot of testimony. lace denial? � Mr. Se��l said the Boand one on the Board felt the subject site was not an adequa e p o Mr. Grais asked �f any Was that not a basis for Whether the Planning Co�n�ssi for this number of cbildren, bu� only deciding -- was not making the initial decision, decision was incorrect. • . ,�,...... .... . . __. _ ... __.._..._-. ... _,._.. '_ _. � - - ��INUTES OF TH�E P�1EETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAP�IBERS, SAINT PAUL, t1INNESOTA ON MAY 8, 1979 PRESENT: t1mes. Summ�rs a Morton, Messrs. Peterson, l�Joods, Parri_sh and Grais of the Board of Zoning Appeals; P1r. Robert Straughn, Assistant City Attorney; P�r. Richard Amey of the Division of Housing & Building Code Enforcement; and Mmes. McNeally and Fox and �tr. Jung of the Planning Staff. ABSENT: 0 The meeting was chaired by Gladys Plorton, the Chairman. - JOHN T. FINLEY (#8433� An appeal of the Planning Commission decision of t�tarch 9, 1979 granting Special Condition Use to Alternative Homes at 1210 Albemarle Street. The appellant was present. There was opposition present at the hearing. �1r. Joseph Prifrel , 1094 Woodbridge, spoke briefly representing Mr. Finley, and said that in the previous hearing there had not been enough facts brought out to justify the decision. He ques'tioned the inspection of the building by those who wanted to house the children there, and said the building is dangerous and hazardous and would be no improvement over the places from which the children had come. Gladys Plorton pointed out that the Administrative Review necessitated the bringing forth of an er•r�r in fact, or an error in procedure, in order to overturn the decision of the Planning Commission. P•1r. John T. Finley, County Commissioner, the appellant, said the Planning Commission meeting had not been a public hearing, and the only testimony given at that meeting was from a representative o�f Planning District 6. He said that at the previous meeting of the Current Planning & Zoning Committee, the Committee had not considered the facts re�arding a foster home within the 1320 ft. rule. P1r. Finley said there are also group homes within that radius, but they too were not considered. He said P�1r. Fitzgibbon, who had made the motion, had remarked that the Committee had no alternative but to grant the Special Condition Use because it fell within the guidelines of the Special Condition Use. Mr. Finley contended that this remark was in error. He went on to say that after the vote was taken, the 'City Attorney, P1r. Segal , had explained to the Committee that they did not have to grant the request and that this was a discretionary act. �1r. Finiey said it was his opinion that there was a misconception on the part of some of the Camnittee members regarding what d'iscretion they had. He said that a hearing is held to bring up facts regarding the issue at hand, and otherwise there would be no reason for a hearing if Staff found that an applicant met all four conditions. �1r. Finley said that traffic conditions had nbt been considered. He said quite a bit of time had been spent at the Current Planning � Zoning Committee hearing, but not at the Planning Commission meeting. He also said he thought some members of the Current Planning a Zaning Committee had not taken into consideration some of the points brought out by residents' testimony. He went on to say that the traffic problei:� would increase and create a safety hazard. P�Is. t�lorton summarized ��r. Finley's testimony, mainly that in his opinion the error in procedure was that the mo�tion was in error in stating the Committee had no latitude, and that busy streets, no time for public testimony at the Planning Commission meeting, and increased traffic were not brought. out as facts in the previous hearing. JOHN T. FINLEY MINUTES PAGE TWO � Mr. Petersvn discussed the three homes which were mentioned regarding the 1320 ft. rule and aSked if they were residential group homes. Ms. Morton said they were foster homes and do not fali into this category. Mr. Grais asked about the small amount of play area for the children. Mr. Howard Rod, Program Director for Alternative Homes, said his program is one of residential 'treatment,. not a foster home nor group home, and consists of small groups with counselors. He explained that they rent swimning pools once a week, use neigh- borhood faciaities, take the children roller skating, etc. Ne said there is no recreation a� the site, and said these children are a few years behind other chiidren so the program has them in organized activities with staff supervision at all times when they are not in school. He said they actually do not use a yard. Vacations are arranged by foster home visits. He said the children are in school year round and there are'no vacations as such. Mr. Grais inquired whether Mr. Rod had complaints regarding his operation at Bremer . House and Mr. Rod said very few. Mr. Grais then asked how much it would cast to rehabilitate the site at 1210 Albemarle Street, and Mr. Rod said between $5,000 and $]0,000, with around 50 volunteer warkers. Mr. Peterson said he couldn't help but wonder how the children who are emotionally disturbed can bie kept in a controlled, confined area 7 days a week, 24 hours a day. He mentioned th� five off-street parking spaces required. , Mr. Rod said 3 additional spaces would be added; there is one driveway available and a garage presently on the site. He�said they do not let small children just go out and piay in the yard as they must go out into the community, and he said they had looked at probably 100 buildings before deciding on 1210 Albemarle. Mr. Peterson said $10,000 would not repair the building, and Mr. Rod said that, if necessary, they have additional funding from three foundations. Mr. Grais asked where the children came from, and Mr. Rod said Ramsey County couid easily fill the whole program. He added that the children are not confined and the fence is only to k�ep them from running into the street. He said at this age the children will not go out and harm the neighborhood. Mr. Jung noted three letters which had been received since the last hearing from 1) The Fire Department saying 1210 Albemarle is in compliance, 2) a former employee of Mr. Rod, Emma B.' Kirk, and 3) another former employee of Mr. Rod, Richard S. Anderson. Mr. Parrish asked whether, assuming the proposal is allowed to go ahead, there are any conditions with rega,rd to the building on the site that would require future variances. Mr. Jung said there were none he was aware of, and if a variance is requested, it would be another matter. Mr. Parrish then moved denial of the appeal and his motion was seconded by Ms. Sumners. The motion did not pass, with a 3 to 3 roll call vote, and Ms. Morton advised the Board that four affirmative votes would be needed. Mr. Straughn advised the Board that their function is to determine whether or not the Planning Corr�nission based its decision upon facts which are incorrect, and it is _ I ' - r . I • . JOHN T. FINLEY MINUTES PAGE THREE . Homes had ever applied for a license for a different part of the city. Mr. Jung said this had nqt been done to his knowledge. . Ms. Morton read a le�ter of opposition into the r�cord from Representative Tom Osthoff. George R. Boh1 , 115 4J. Rose St. , said he lives two blocks from the subject site, and that Messrs. Prifrel and Finley had proven that the Corrrmission's decision was an error. He did not believe the site had been investigated by the committee and he said remodeling the site wquld mean completely demolishing it and putting in a new structure. He said he had no dbjection to the children, but he did not think any effort had been made by Mr. Rod to find a suitable location for them. He said putting 15 children into the broken down building at 1210 Albemarle would not be helping the community and that the Planning Comnission had erred or was there something suspect? Ne said P4r. Rod had never heard of the landlord of the building at 1210 Albemarle. Ne said the Ramsey County Welfare Department or someone else sh ould be able to find some location more suitable at $300,00� or more that it would cost to remodel . Frank Gumatz, 1197 Albertlarle Street, said that for over 55 years he has lived within two blocks of the subject site and when he �vas young it was known as the haunted house. He said that on the west side of the building ther� are 2 ft. from the steps of this home to the public sidewalk. On the north side there are 4 ft. and on the east side there are 4 ft. fromi,a neighbor's yard. He told of deficiencies in the building and lack of parkin� Ne said th� building, to be remodeled, would have to be torn down and done from scratci�. P1r. John Knolpe, a neighbor, said he had received 12 telephone calis in 4 days about the Alternative Homes problem, He said� he would not put his name on a real estate contract to sell the building at 1210 Albemarle, and he felt the children needed a better place. t4r. McTegg�, 1054 E. Sixth S�treet, said he couid not understand why Gill�tte Hospital f4,ciliiies could not be used for these children. P1r. Red Vanek , 1102 Rice St. , said he was speaking for the businessmen of the area, as he is president of the North End Business Association and is opposed to the subject site because of the traffic and the fact that the building does not come up to standard. Frank Vand�rhoff, 1181 Woodbridge, said his family has been associated with the area for 15 years and he would not allow any of his family to live at the subject site because it is not a proper location for 31 people and unfair to the children they propose to bring in If a new building were to be built, he said he would not be opposed to it, but that someon must not have done a good investigation of this site. Fred Schmitlt, 1249 Rice Street, said the city 5houl'd inspect the building and see if it is a proper p�ace for the children. He mentioned the lack of play area. Patrick Sweeney, attorney, 1�02 Minnesota 8uilding, spoke on behalf of Alternative Homes. He pointed out that all the proper procedures had been followed and the only question for the Board was whether there was an error of fact, He said the appellant had not shown by facts that the Commission and� committe� had erred, and that under the City Attorney's opinion th�e foster care homes referred to are not and should not be considered, and therefore !that is not an error of fact, He said the Current Planning & Zoning Committee realized they could act as they saw fit under the Zoning Ordinance. He said the fact that Mr. Fitzgibbon asked a qu�stion after the vote had been �aken was not relevant. He said the Commission'S decis�ion should stand. i j . JOHN T. FINLEY MINUTES PAGE FOUR . h1r. Grais asked if the Board had any discretion in the subject matter, and Mr. Segal said what the Board would be doing was to review the decision of the Planning Corrgnis�ion, which is th�t all of the special conditions required in the Zoning Ordinance are met, so the Board of Zoning Appeals is reviewing that decision. In addition, the Planning Corranission �ays they are of the opinion there is no other justifiable reason to deny the Special Condition Use permit and that would fall within the area of any conditions existing which would show this particular use would constitute a nuisance or hazard to the safety, etc. of the neighborhood. Mr. Grais a�ked: "What if we felt that 30 plus people in that building was not right?" Mr. Segal answered by saying, "You would have to determine fact. The Zoning Ordinance says this Bmard may reverse or affirm or modify a decision of the Planning Commission and in doing so the Board has all the powers of the Planning CommissiQn." He. added that the Planning Commission has the power to impose conditions. Mr. Grais asked whether the Fire Department had been out to inspect the building, and Mr. Sweeney said they had, and that the building met all requirements of the Housing and Fire inspe ctors, as well as requirements of Ruie #5 for licensing. He said the allegations that the st�ff of the Current Planning & Zoning Committee had not seen the building were not true, that they had at least seen photographs, h1r. Sweeney noted the conflict in the neighbors' testimony, where they wanted the elderly of the area to continue living at this sit� because there was no place for them in the area, and yet they oppose the children of the Alternative Homes program living at the site.� He said no real facts had been present�d, only allegations. � Ms. Sur�ners if someone from B7dg. Code Enforcement had checked the place, and Mr. Rod said he did not khow if this had been done currently. Mr�. Rod expl�ined that the staff do not stay in the building, only the children. He also described the funding of Alternative Homes and said some of it would be used for renovation. ; Ms. Susan 4Jaite, 1200 Marion Street, questioned what had been said about the foster homes not being good for children, and Ms. P�orton corrected her, saying that what had actualiy been stated was that foster homes had not worked out for these particular children. There being no further public testimony, Ms. hlorton closed the nublic portion af the hearing. Mr. Woods asi�ed whether some recommpndation could be made to make a clear cut decision, as he would �ike to have it definitely pointed out whether the Planning Corr�nission had made an error when they held a hearing on this particular project. Ms. Morton said the Board had to have a fact of where the Corr�nission erred in order to overturn the �ruling of the Commission. Mr. Woods remarked that the vote of the Current Planning & Zoning Committee had been 6 to 0, and the Planning Corr�nission 14 to Q. He asked if they had gone through this matter hurriedly. Ms. Su►r�ners said the Current Planning & Zoning Corrn�nittee did not go' through the matter quickly, that there had been deliberation and a lot of testimony. , Mr. Grais asked if anyone on the Board felt the subject site was nat an adequate place for this number of cbildren, was that not a basis for denial? � Mr. Seg�l said the Board was not making the initial decision, but only deciding whether the Planning Commission decision was incorrect. . i J' . JOHN T. FINt�EY D1INUTES PAGE FIVE P•1s. Summers said the presentation at the previous hearing had bee n fairly lengthy, and � Mr. Jung sai�d Alternative Homes had been the only item on the agenda that day, so there had been no need to hurry it through. Mr. Finley �aid the question was whether letters from the Dept. of Health were provided to the Current Planning and Zoning Committee in their consideration of the case. He questioned the modification of the Alternative Homes program. Mr. Sweeneylsaid any question abo ut health or fire or safety has been answered. If there wsre a speciific letter, he could supply it and this question had not been raised at the previous meetings. Fte said all the requirements had been specifically satisfied. hir. Seg.al sa'id if the members of the Board of Zoning Appeals had not seen the minutes of the meeting of the Current Planning & Zoning Corr�nittee, it would seem within their authority tq ask for them and to read and review them before making a decision. He added that the matter could be continued. Mr. Grais sa'id he would feel more comfortable if he knew more about the case, and moved to postpone a decision to a date certain (May 8, 1979) until the Board members could get copies qf the minutes and give them a chance to study them. Mr. Grais' motion was seconded by Mr. 4loods, and passed on a unanimous voice vote. fdr. Segal reminded the Board members that the meetings are taped and undoubtedly the tap� of the Curre�nt Planning and Zoning Corronittee meeting could be obtained, Submitted by: - Approved by: y'�'A/'n �' . � y-i L��arence Jy IJung Gladys Morton, Chairman i � � ; i ..�..... �_ __ _. _. .., .. ._. ,,..� __m_... - - � . I ' ��1INUTE$ OF THE P,IEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CH/�P�IQERS, SAINT PAUL, PIINNESOTA ON ��1AY 8, 197g � PRESENT: �1mes�. Summers ?� Morton, P�essrs. Peterson, �Joods, Parri.sh and Grais of the Board of Zoning Appeals; P1r. Robert Straughn, Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Building Code Enforcement; and Mmes. McNeally and Fox and P1r. Jung of the Planning Staff. ABSENT: 0 The meeting was chaired by Gladys Morton, the Chairman. - JOHN T. FINLEY ' (#8433) : An appeal of the Planning Commission decision af t�larch 9, 1979 granting Special Condition Use to Alternative Homes at 1210 Albemarle Street. The appellant was present. There was opposition present at the hearing. �1r. Joseph Prifrel , 1094 Woodbridge, spoke briefly representing Mr. Finley, and said that in the previous hearing there had not been enough facts brought out to justify the decision. Ne questioned the inspection of the building by those who wanted to house the children there, and said the building is dangerous and hazardous and woul� be no improvement over the places from which the children had come. Gladys Plorton pointed out that the Administrative Review necessita,ted the bringing forth of an err�r in fact, or an error in procedure, in order to overturn the decision of the Planning Commission. P•1r. John T. Finley, County Commissioner, the appellant, said the Planning Commission meeting had not been a public hearing, and the only testimony given at that meeting was from a representative of Planning District 6. He said that at the previous meeting of the Current Planning & Zoning Committee, the Committee had not considered the facts re�arding a fost'er home within the 1320 ft. rule. �1r. Finley said there are also group homes within tha�t radius, but they too were not considered. Ne said P�tr. Fitzgibbon, who had made the mot�ion, had remarked that the Committee had no alternative but to grant the Special Cond,ition Use because it fell within the guidelines of the Special Condition Use. Mr. Finley contended that this remark was in error. He went on to say that after the vote was tak�n, the City Attorney, P1r. Segal , had explained to the Committee that they did not have to grant the request and that this was a discretianary act. �1r. Finley said it was his opinion that there was a misconception on the part of some of the Committee members regardin� what discretion they had. He said that a hearing is held to brin� up facts regarding the issue at hand, and otherwise there would be na reason for a hearing if Staff 'found that an applicant met all four conditions. P1r. Finley said that traffic conditioros had not been considered. He said quite a bit of time had been spent at the Current Planning E Zoning Committee hearing, but not at the Planning Corr�nission meeting. Ne also said he thought some members of the Current Planning « Zoning Committee had not taken into consideration some of the points brought out by residents' testimony. He went on to sa,� that the traffic proble�n would increase and create a safety hazard. Ms. t�1orton summar;ized ��r. Finley's testimony, mainly that in his opinion the error in procedure was that the motion was in error in stating the Committee had no latitude, and that busy streets, no time for public testimony at the Planning Commissian meeting, and increased traffic' were not brought out as facts in the previous hearing. I' _ _... .__, r,.,.,,.,,.. ,..._... _ . _..._...,. __ __ _ ..�.. . . ...,. _ JOHN T. FINLEY MINUTES PAGE TWO � Mr. Peterson di5cussed the three homes which were mentioned regarding the 1320 ft. rule and asked if they were residential group homes . Ms. Morton said they were foster homes and do not fall into this category. Mr. Grais asked; about the small amount of play area for the children. Mr. Howard Rod,; Program Director for Alternative Homes, said his program is one of residential tre�tment,. not a foster home nor group home, and consists of small groups with counselors. He explained that they rent swirrming pools once a week, use neigh- borhood facili�ies, take the children roller skating, etc. He said there is no recreation at the site, and said these children are a few years behind other children so the program has them in organized activities with staff supervision at all times when they are Mot in school. He said they actually do not use a yard. Vacations are arranged by foster home visits. He said the children are in school year raund and there are no vacations as such. Mr. Grais inqu;ired whether Mr. Rod had complaints regarding his operation at Bremer . House and Mr. Rod said very few. Mr. Grais then asked how much it would cost to rehabilitate �he site at 1210 Albemarle Street, and Mr. Rod said between $5,000 and $]0,000, with around 50 volunteer workers. Mr. Peterson 5aid he couldn't help but wonder how the children who are emotionally disturbed can be kept in a controlled, confined area 7 days a week, 24 hours a day. He mentioned the five off-street parking spaces required. . Mr. Rod said '3 additional spaces would be added; there is one driveway available and a garage pre5'ently on the site. He�said they do not let small children just go out and play in �he yard as they must go out into the community, and he said they had looked at prdbably 100 buildings before deciding on 1210 Albemarle. Mr. Peterson said $10,000 would not repair the building, and Mr. Rod said that, if necessary, they have additional funding from three foundations. Mr. Grais asked where the children came from, and Mr. Rod said Ramsey County could easily fill the whole program. He added that the children are not confined and the fence is only to keep them from running into the street. He said at this age the children will not go out and harm the neighborhood. Mr. Jung noted three letters which had been received since the last hearing from 1) The Fire! Department saying 1210 Albemarle is in compliance, 2) a former emplayee of Mr. Rod, Emma B. Kirk, and 3) another former employee of Mr. Rod, Richard S. Anderson. Mr. Parris� asked whether, assuming the proposal is allawed to go ahead, there are any conditions with regard to the building on the site that would require future variances. Mr. Jung said there were none he was aware of, and if a variance is requested, it would be another matter. Mr. Parrish then moved denial of the appeal and his motion was seconded by N�. Summers. The motion did not pass, with a 3 to 3 roll call vote, and Ms. Morton advised the Board that four affirmative votes would be needed. Mr. Straughn advised the Board that their function is to determine whether or not the Planning Coirvnission based its decision upon facts which are incorrect, and it is . � . JOHN T. FINLEY MINUTES PAGE THREE not enough to find that the Board would have made a decision differently from the way the Planning Commission made it. He said in order for the Board to make any decision, th�y must have four affirmative votes in favor of the motion, and that a motion contrary to the previous motion may get four votes or it may not. Mr. Grais qu�stioned Mr. Straughn regarding the intent and purpose of the Ordinance and the Board's duties. Mr. Straughn told him the Board had the same function as the court has, in reviewing city actions. The court cannot overturn what the city has done unless they find an error in procedure or fact. He said the power of the Board is not to tak'e the place of the Planning Commission, but to determine first if the Corr�nission made a determination based on improper procedure or based on improper fact. If they found; this determination, then the Board would have the powers of the Planning Commission to modify or deny the permits, but until they found there were facts that were improper�, and not just that the Board would have made a different dec�sion, the Board has no �ower. Mr. Grais pur�ued the matter of the four points for Special Condition Use being satisfied and; whether the Board had any jurisdiction. Mr. Straughn replied that the Planning Cor�nission may have made a decision based on other facts than just thase four points. ' If their facts were incorrect, then the Board would have the power ta deny, but it goes beyond those four points. As to whether there is another group home within 1�20 feet, if the facts say there is, that would have been improper for them to make the determination they did and the Board could overturn their decision. If the Board does not have facts that the Planning Comnission was incorrect on that point, the Bo�rd could not overturn the decision. Mr. Peterson asked if the May 1978 opinion of the City Attorney was just the City - Attorney's opinion that these homes cannot be classified as residentiat group homes , or is there a court ruling on it? Mr. Straughn answered that it was just the e,ty Attorney's op�nion and there was no court ruling on it. He added that the City Attorney's opinion is based on the Public Welfare Licensing Act. Ms. Morton referred to Mr. Straughn the question of resolving the 3 to 3 tie vate and Mr. Straughn said that in the event this Board is unable to act, the determination of the Planni�g Corrmission would still hold. Ms. Morton inf,ormed Mr. Finley that he could appeal this matter within 30 days to the City Council if he desired. Submitted by: � Approved by: _ / /� � ,- ; , ��C��c�iG c:' t - `,,< <. , L./ ,. .:.-��,Z �,��- : �<� � Laurence . Jun " Glad s Morton Chairman 9 Y � � ; � _ - � DEPARTMENT OF FIRE AND SAFETY SERVICES 101 EAST TENTH STREET .;�d,�„�. SAINT PAUL, MINNESOTA 55101 �� _, ` , . � GHIEF STEVE CONROY,DIRECTOR ' " • _ FIRE PREVENTION ASS'T CHIEF EDWARD HEINEN �� FIRE SUPPAESSION ASS'T CHIEF ROBERT PYE 3CUBA RESCUE fIRE MARSHAL pAN NORR($RAN �'� AMBULANCE .. :�� _ �... PARAMEDIC ' May 3, 1979 I �@ � � t6 � t� f5 Mr. Howard Rod � 17$6 Lake Street �QY � `�r �979 St. Paul , MN 55113 � CITY P1ANNtlVG B�ARD Dear Mr. Rod: Sairrt Paul, MlnnesvLa SUBJECT: 1210 Albemarle � On January 22, 1979, I made a fire inspection of a building at 1210 Albemarle which you proposed to purchase fo� use as a residential treatment home for emotionally � distrubed children. ' This building is in compliance with the fire codes applicable for this type of occupancy. , If you have any questions in this matter, please call me at the Fire Prevention Division at 224-7811. Sincerely, � /� � j�.� U ��ZG� � Greg Plante Fire Inspector Jp � ! "Your Safety Is Our Coneern " _ _ . . .___.1 ..,�___._ _ _ _ _ _ . ,.��._ .�.R. _.�.._ ___._ � � PETER P. STUMPF � � � Senator 64th District ' Room 328 State Capitol St. Paul, Minnesota 55155 Phone: (612) 296-4193 C�� and ��•� 1444 North Grotto St. Paut, Minnesota 55117 State of Minnesota Phone: (612)4&9-2532 - April 24 , 1979 As an elected official of the neighborhood affected by the possible location of Alternative Homes at 1210 Albemarle, I feel it is my obligatioi� to make known my views on the subject. Numerous �onstituents have called and written to me concerning this matter. They voice deep concern over the future of their neighborhood if Alternative Homes is allowed to open. The St. Berna�d' s area is a well maintained community of homes, many occupied by the elderly or by second and third generation residentsr There is a pride in their homes that is very strong, and is evident in the well cared for lawns, gardens and home exteriors: Zoning regulations should be designed to protect neighborhbods from the possibility of decline. All too frea,uently we in the center city are asked to accept numerous social programs that would be immediately rejected in the suburbs` or in the "upper income" areas of the city. The pattern, once establish.ed, is difficult to reverse. The fearsiraised by the locatian of Alternative Homes are valid. Parking pzoblems and noise problems are the most evident, but there is �he potential for additional problems related to behavior and maint�nance. The zoning board should be totally convinced and requi�e iron clad guarantees before it even considers the allowal o£ the group home. People tend to be selfish when it comes to conditions that will affect their neighborhoods, and rightly so. But how many on the zoning boalyd would want to alter the character of their neighbor- hoods? We should remember that all in the city of St. Paul suffer when a neighborhood is adversely affected. The people of St. Bernard' s are hard working, decent citizens who do not begrudge security to those in need, but they are vitally concerned �over the security of their neighborhood also! As their senator, I am just as concerned. COMMI'�'TEES • Education, Vice-Chairman • Energy& Housing • Finance • Chairman, Computer Subc. of Finance • Chairman, Joint Senate/House Library Subc. of Education • �n �,�� Chairman Ramsey County Senate Delegation Y � REPRES�NTING • North End, Como Park, Payne-Edgerton, Thomas-Dale, � McDono�gh Neighborhoods of St. Paul and a Portion of Roseville _ i�� ._� I ' _ . .�.._ _.� ..... ...... ..._.. _ .w _ ._ . � . ,. .. __.�. - r , _ . . �._,�..___....._._,._... _. �;m.,.., . . . � . . __. �.-.�. ' - Minnesota � Tom Osthoff f v ��<> �: District 64A j' /,,,v j=`+�` ' + u p Ramsey Count�Y � � °"- �; r10�54.� �� Committees: � ;��,� �X�- • General Legislation and \ .� - �" • Repres�n�at�ves Veterans Aff�irs �� -_-�� . Environment and Natural Resources Transportation April 23, 1979 Gladys Nbrton, Chairman Zoniing Bo�rd of Appeals llth Floor, City Hall Annex 25 W�st Fourth Street � St. Paul, Minnesota 55102 Dear� Ms. Nbrton: Because of scheduled oomnittee hearings at the Leqislature, I am unable to attend today's hearing on Alternative Hoar�es, Inc. I wr�uld, t�awever, like to express to you my ooncern about the wisdom of loca.ting that program in the facility at 1210 Albemarle. In reviewing the proposed program of Alternative Hca�s, I find it to be very worthwhile. The director's credentials, experience and conmitment lead me to believe that he will conduct an�excellent program for children who need the special care that can be provided in a group hcgre. But I am very aoncerned about the adequacy of the fourplex at 1210'Albemarle to house such-a program. The yard size in partzcular seems to be inadequate for the needs of fift�en children. When additional parking spaces are added, the yard will be even smaller. I realize the lot size meets oode requirem�nts, but I question the advisability of locating Alternative Hanes in a facility with so little recreation area. Durir�g your hearing this afternoon, I expect you will be listening t�o a good deal of testinx�ny on this and other issues. I ask you to consider whether locating Alternative Hcenes with its staff and fifteen residents on a,very small lot in an already-crowded neighborhood is a wise decision. Nbre inq�ortantly, is housing eimtionally disturbed yotmgsters in a facility with little or no yard space in their best int�erests? I hope you will conclude that it is not. Sincerely, ! I 1�-- ' 'Iiaan Osthoff /� � � � � � � � � APR 2 �� fg�'g ��n, P�NN�� oAa� NOT PRINTED AT GOVERNMENT EXPENSE 8air�t P.aut, M�nn�snt� eply to: 267 State Office Building, St. Paul, Minnesota 55155 296-4224 ��► ��: _ _ _.. �___�,....�.,. ,.._... . . , _.,_ __�.--- . _ _ _.___.� ._.,____ . �,�,, ,..'. � � MEMO . To: St. Paul Planning Cocomission From: Richard Goebel� Chairperson District Six Planniag Council Da te s :Karcb 7� 1979 Re: Graating of a Conditional Use Peru�it to Alteraative Homes Inc. in order to ••• -�- nperate a R�sidential Treatn�ent Facility faz Emoticnal2y Disturbed Chi•ldreu District Council Comments A resolution waa madc and passed that the request for a 3aecial Condttion Use Pesiait by Alternative Homea Iac. be den�edo The District Six P3anning Council apprec3ates tbe apportunity to sub�aeit comments *�cos:cemiag the grantiag of a special ceadition use peruiit to Alt+a�tive ifvmes Inc. On the evening of Tuesday, March b the District Councfl as a whole met fax their menthly meeting. Approxir�ately 15 reaidents ia ths vicinity of 1210 Albemarle at- tended the aneetiag to diacusa the ageada iteen of Alternative Homes Inc. During --t�e discuesian concerning Alkernative Homes Ipc. residenta �were asked�v�oice their objection to the gran�}z, of a $pecial condition use permit to Alternative Hamea Inc. Thre� concerna weze raised by residents of ths sreas 1. Traffic - Maryland iv a heavily travel��d route both for cars and trucks. 7'he intersectian of Rice St. and Maryland, a very congested intersection� is 2 blocks away frocL the house. 2. Parkiag - The area is slready heavily Iaden with parked cars due to St. Aernard•s proximity, the limited parking on �laryland and proximity to a co�:�nercial area. {Rice St. ) 3. Prog_rem - It is felt that the side lot would not be o# adequate size for the a�unber of children that'are planned for the pxogram. It is also felt that che building is not suitable either. The District Six Planaing Council was provided with the ?.oning Staff report on Alternative Homes Inc. The District Planning Council also had the opportuaity to hear the views of District Council membera who hed made inquiries abour Mr. Rod'a ,� program and credentiala. Following discussfon, a motion was uiade and paaaed that the DistricC Six Planning Council �ubmit a recommendation to the Zoning Com�nission requestiag the denial of -° a �pecial condition uae permit to Alternakive Homes Inc. 1'ba Plannfng Council ia composed of 1$ meanbers. 8 �aembers attended the weeting on March 6th. 4 Council member� voted ia favur oF the resol.ution; 3 aaemDers voted against. Thaak you for the opportunity to comment oa this matter. ` I �LTERI�,TATIV.�E `�-��w� Ii�]�C. . ;; � . ' �?n.iJl:Y"'v/ �� , 197� , . _��-�0=DiRECTOas ADMINISTRATIVE OFFiCES _- -=- _ _--_-_.:._ . -•�� 1786 LAt<E ST. = -- - t ST. PAUL. MII�IN. 55�13 - : :- =-:=--` : :'�::�;1Y4-�?2�;- =q�,=a`1 OiRECTOR �: ..".? .:C �?l 1v _'___..._r- �io��:::�ittee ' ?J �� =s��'-:t:�� treet _ „ , i "`1 ��._�:i _ :.ul', i� n 55102 . ��:r .:s ::c,:;eally: �.�� r� ::are�y r.�a'_�in� an a,.��lication for a S;�ecial �onditio:�al L'se � =�r:�� ror! the pro�?erty at 1210 nlbe��arle �t�. , St. Pau? � f_n, Ieoal � ��r_^yion �s loz 14 �: 15 , �l�cY 1 , r�ranz ��visior.. tio be used as � re�:��:.��i�l treatr�ent cer�ter. =:lternative rior'es, Inc. is a non- �ro=i� co�'�oration and ��ill be l.�asi�i5 s��id prc�°rt�. �_?r �ro:;r��? is to serve up to 15 childre� af;es � to 15, boys �.n3 �irls '''_O :':=�7° C�'?r'OYt].0 i SOClc�.l� 2'10t10i?�� !":(j n�urolo�ical �roblel�s. i`i32� ��..1�' �e oi norral or near no-rr:�al intelli�ence , no� have severa �_ ,-sic-? d��si�ilities an� not :^ave as a �r•ir�ar;.r �?ro�le►�, delinr._uenc�r ..�^ ��.�.-_c�l �e��e��on�y. � _ :!';=;'_^_�^C2�i tr'ai?`:2d chilel care G•-'OI''L�?"S :''1.:.�. L'('^v�j_�� L� �'IOUT' C�Y'E.' -._. .. -'_"°_=.±'.".it?_i�'.• Tne:�e St�3.ff' 4C'1.1.� V;OY'iL �0��'�1.1]Z�� ?ZOU2"� OV°1:'I.�U'•)I:i4� � ..__�= �o �rovi�e r'!2X1TriUI��. covera.�e �lir'1�::` �:'`;�� .C+1V1�� ria�S. _�� .,.._ld�i,�.� is current�y a fo:�r-7,�1t��: o:� a co:;�l� lot 120 ' X 63' . _ :�?=_ �:ss the en�ire buildin� for our pro�r�=_:°. _� s •;-e �re �'�t-rifin�; to be able to accept children into o�r pro;ram �.�;.^.'..�= �:-:� �'�rst ��.rt of ipril , �:-e :��ill a;�precia�:� arly assistance -.�:,•_: c?.� ��Te to �et a decisio� sor.:2"�lI':2 dur�n,.� r�eoruar;,r. �^oul� �!ou, �eed further inior!�atior. :�lzase call me at 644-552�. ..._�.N: ��0:: f'O�' ��ou� cooperation and assistance . Very tryr]_y yours , � �,. _-; , , �:. f ;. . , �O� ir,; .,�'t' �.� = i �cfX'd yL.��p(�'. �� _ � Progra:� Director '�y•.'i+�;, � �� ' ��Q '*'�� ry �� U � r:aew�s:+1��1 �Fl :� � ��i �� a � . . �....{ /� r , � :� /"�� ./'�v �� . . •-._c. _.�.`. `�i• 7/ l,...��1 r._, , . . � � � . . 1';�-�� 1 ' .._...__. _._ __ _._ . .__ _. _, _...� _._._.,. . __ �. ._... ... ,.�..,�.�. i "�, . dist�rict six plannin council �5�� . February 28� 1979 . Planning and Zonin� Committee of St. Paul PlanninE Commission c/o Zoning Section • 1101 C�fty Hall Annex St. Paul, MN 55102 F.ttention Planninr and 'Goning Committee of the Planning Co�nission: The District Six Housing Task Force and the District Six Executive Committee have bdth discussed the issue of granting Alternative Homes Inc. a special condition use permit to operate a Residential Treatment Center at 1210 Albemarle. The res,pective District Six Committees are aware of local resident concern with the proposed move of Alternative Homes Inc. into 1210 Albemar2e. Additionally, the Dis�trict Six Co� � ittees have had contact with Mr. Rod, Alternative Homes' Program� Director, and are informed as to the prc,posed program and its licensing compliat�ce =.aith the Department of Public ?delfare. Becauselthe District. Planning Council as a whole wilt not.meet until Tuesda , r:arch 6, the Executive Committee of the District` Six Planning Council requests that the Planning and Zoning Committee of the 1'Lanning Commission delay action on the granting of a special condition use percr►it to Alternative Homes Inc. until the DisCrict Six Council as a whole may hear the reports of both the Housing Task rarce and the Executive Coramittee. A one month delay on any actian would allow the Dist'rict Cour.cil as a whole to discuss this very controversial issue. Thank yo�u for your attention to this matter. ' Sincerely, ,�.�/�i�� c�Gc/�� Fred S. Haider 1=� Chairperson Listrict Six Planning Council ESH:el �I . _. _ �.....w....... __. �-__�.._.__.___,__._.,__..._..__ . , .__,. ... ._ _... � �. ._�.__ _.., ._ 0 i - _ y , � ; { � ' . ' , 1 �� ; �� , � _ I / ,a . � . ; , ' ' , i • ' - . �, ; � �, � ; - ,Tune ?� 19?9 � ; . ' ; . , , ; � � ;. Bernard Carlson ; i�cectnr, Finance� $ �sns8emsnt 3errvicas , ; o�m 113, City Hall i t�,JPau1, Mi�nesota � - , ' . - , , ; i Sirs , f C: ty Council today aet a dat� df .h�arin� .,for July 5, �979, . - � a€ conbider the appeal�of John T. Finley to e�' decision oP the .' , �j l�nning Commission, which grar�ted a speeial condition use 1 e�rmit fo'r Alternative Homes at 1210 Albsmarle. Will �rou. ple�tae ; e�d notices to property oWners ae required by �w2 , ; ., ' � de*�y truly youra, 1 , i _ _ � . ; . ; ; I , Ros� Mix ', , ;, �::` � City Clerk j ; a , � �,� ' Sla . A ; ± a�t F]st��ing Stafl, �ouing 3ee�ion ' . � ', ; Hu3lding Department � , � . . . . I Y . . � . . . . . ��. : � . . . . . . . / ' .. .. . . � . � ' . . . .. ' ,\. .I ' . . _ , . � . � { . r � � . . � . . . , . . . � . . ; I '' • , � � �� i �� F ; ; , , ; , ; . . . Y.�', 'i. . . � . t. . . . . � . . .� , . . , i � , � . i � . � . . . .. . - . .. � . �. , � . � . . . . .• . ' .. � � � / . . . . ' � . � - . � . � . .. . .i . . . . . . � . I 3 - � . i � � - - ' � ' . . • � . , . . . . . � . � � j . � . . . � . - . ' . �� .. � � ' . . '' . . �. ti� . . . . . .. . . . . . CITY CLERK I CITY O� ST. PAUL � D�PARTM�NT OF FINANCE AND MANAGEMfNi' S�RVlCES ASSESSMENT DIYISiON 713 CITY HALt 5T.PAUL.MINNESOTA 551�2 - June 22, 1979 File X2248 Page , � Zoning File 8407 • The Council of the City of St. Paul will hold a public hearing in the Council Chambers of the City Hall and CourC House (third floor) at 10:00 a.m. on July 5, 1979 on the: Appeal of John T. Finley to a decision of the Planning Commission . concerning a special condition use permit for a residential treatment center at 1210 Albemarle St. on the N. E. corner of - Albemarle and Maryland being legally described as: Lots 14 & 15, Block 1, Kranz Division , If you would like further information about this hearing, contact the Current Planniag Section of the Planning Board, Room 1202 City Hall Annex 298-4154. While the City Charter requires that we notify you of the hearing, we want to help you i�to learn fully about any improvement that could affect�you or your community. Therefore, I sincerely hope you can attend this hearing, so that you can mr�ke yaur views about it known ta tl�►e City Council, whether for or agains t�. - �� J. WILLIAM DONOVAN VALUATION AND ASSESSMENT ENGINEER _ , � 6 lst VICECHAIRMAN— Ramsey County Board �',,,O CHAIRMAN— ��mm � 'p �mm�� Land and Recreatlon �� a �� ' �� Committee �L�L JL JLY COMMITTEES— i ' a� Personnel and --- n�anayement services DISTRICT 3 wavsa"d^"ea"5 BOARD OF RAMSEY COUNTY COMMISSIONERS Long Range Planning SUITE 316 CITY HALL and COURT HOUSE MEMBER— Metropolitan Phone: 298-4145 Inter-County Council June 4, 1979 � f � / �.— �. � �� J �1 Saint Paul City Council ,� c/o Ms. ',Rose Mix, City Clerk Room 386 City Hall Saint Paul, MN 55102 Dear Members of the Saint Paul City Council: I wish t'o appeal the decision of the Planning Commission which granted a "Special Condition Use" permit for Alternative Homes located at 1210 Albermar;le on March 9, 1979. A copy ojE Laurence Jung's letter to me dated May 18, 1979, but received in my of�Eice on Monday, May 21, 1979, covering the Planning Commission's action o�n this permit is attached. It is my understanding from Mr. Segal that I w�ll have 30 days to appeal from the date the letter was actually received' in my office. Mr. Jung advised he hand carried the letter to Suite 31� on Ma.y 21, 1979. I am mak�ng this appeal as the County Commissioner of the District representing this are�. We believe that the Application for Special Use Permit does not meet the �irequirements of the zoning code and we are concerned about the safety of the r sidents, themselves, who will be placed in an extremely densely populate� area which has one of the highest traffic volumes in the City of Saint Pau;l. In addition, the area lacks adequate recreational facilities for the v�a.ried age groups. A petition in opposition had been circulated and many people attended the Planning Commission hearing on March 1, 1979, and we hope that the list, as attached,', will be sent to each City Council member. Please advise me of the hearing date. Yo t y, G � � � Johns T.� F in ey � � Board of l�amsey Cou y Commissioners �''� �C� L -v r JTF/mma c a _, �''� r x r' �� Attachment: Filing Fee check of $50.00 � z –� Petitions z.�'',, s v cc: All S�int Paul City Council Members m � _tia��`T'� CITY C�F SAINT PAUL `��ir o��:l R ;� '� '� �'� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT :., n�u��in �, :w u�1 I�U 1� ^o . � � �'� - DIVISlON OF PLANNING '��r� �e a+ . R��°"�-�c� 25 West Fourth Street,Saint Paul,Minnesota,551U2 GEORGE LATIMER 612-298-4151 MAYOR May 18, 1979 Mr^. John T. Finley R�msey County Commissioner 3T6 City Hall Saint Paul , Minnesota 55102 Dear Mr. Finley: Enclosed is a copy of a letter that I have written to Mr. Howard Rod at his request, informing him of the current status of his Special Condition Use, which was granted by the Planning Commission on March 9, 1979. As indicated, no action wa$ taken by the Board of Zoning Appeals on your request for Ad�ninistrative Review; and, therefore, no draft resolution wi11 be� presented for approval at the next Board of Zoning Appeals meeting on May 22, 1979. This matter, as Ms. Gladys Morton mer�tioned on May 8, can be appealed to City Council . If you have any further questions please call me at 29$-4154, or Jerry Segal at 298-5121. Sincerely, �� Laurence Ju g Planner Enc1 . LJ:mm U` 4�;T:"o;.:,,,, CITY OF SAINT PAUL ��~r � �i'':. ' :o a:, DEPARTMENT OF PLANNING AND ECONOMlC DEVELOPMENT �� ,- ~.;, ,��1�� ^` • DIVISION OF PLANNING ,... ''��,.,,,,., 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR May 18, 1979 Mr. Howard Rod Program Director Alternative Homes, Inc. 1786 Lake Street St. Paul ,Minnesota 55113 Dear Mr. Rod: This is to inform you that the St. Paul Board of Zoning Appeals, at its public hearing on May 8, 1979, failed to take action in regards to the appeal for Administrative Review filed by John T. Finley. As you know, Mr. Finley, on behalf of the residents in the vicinity of 1210 Albemarle, appealed the hlarch 9th decision of the St. Paul Planning Corrmission to gramt a "Special Condition Use" to Alternative Homes, Inc. The opinion ' of the City Attorney in this matter is that since the Board failed to take an action and does not intend to consider any further action, the original decision to grant the Special Condition Use by the Planning Comrnission still stands . I hope this will be sufficient for your purposes. Si ncerely, � Laurence un`� 9 Pla�ner LJ/cc cc: /J�ohn T. Finley Jerry Segal , City Attorney Glenn Erickson , Zoning Administrator � I, .��.i ri51 . . . I I � .. J , � �, P U B L I C H E A R I N G CURRENT PL..ANNING CO�i'i`�IITTEE r1EETING ATTENDANCE RECORD Date: .:'� -r' --� � rIATTEILS TO B� CONSIDERED: Applicant Location , ) � �rt.G'.i�� 6-V'��'�-�i...-,2� /t.` � (_°��-ta.L ��"��^"',�q�'-- U. - 7'. l � . �� E��-�-� L��.e. �-t1. �-7 c�-��-�- ' � � /f ' -- � /�t?�,2-c;�f'i°.^..t,��_-E'c� ` ,..�'�.�/" (�X�C.� �F�� THOSB IN ATTEND?�NCE --_.. Name Address rlat*_zr Inter.Pst�d In . j r � � S��_ i/�• ,� / l -- / , J N�.. ....-•� /! � ^�'� '��,.. �f";',f :� I J --� %'.��'�('i�-� �Z . .. � f.' ` . 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Z.�a) . ` �"r We tha i:ndersign°� are opposed to tLl.terna�ive Homes, Inc. housin� nettrolo�ically � d,isturbad chilcsen at 121p �1b��ar�e for the foZlowing reasons. \�� ` 4 (1) The hioh d�nsitp of corunerical establishmants. (2) Hazardous traffic cond:.tions in the area, jeopordizing the safty of th� c;1i1cL:en to be housed. 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C � /�� ✓ / J / � L�t��t:�t�-��L��' _ . _.. �S �CL'Z��/Z�'J . : . r /�i S G%��%��X _ � � � . . .� � . r Y , � �,�1�-�'-�t�2�.;,�, � � ' � 3 U � .,�...� "�... _ . , � / r� 7 j ✓_,�i�,,..f.r�/� �✓�j�� ^ G` J .I.� `' � { ' ' � r � � /+ /� � `�� , � ��,�--!��°•r �-'�'--�� /� i � � �':��:��,� ��=.� i� �'`3 �'�-�v�z, 'C�� _ : . , , � J 1� iJ �/�� (I `��+��1 r � � i. /" / • � .! � . �� .. � f i J .�� .Ll l/ � ��. ��`-'c�/�'yyC,�•/ �� t ,., � ,f � f � C:�?-�.r ,�� _ L';/ .� � /' i I� -- /_ �, �% � ► i, - , :� � � �;�j'L��r..- '-J � L � ( ;±� �-,�: " ��. f;f ' '•"� . _ / � �L .. �� ,=;�: �r;:- . � ��.,�;...;..,.,. ,� ..,,,n„�„ �• ' __�`��TT o-;; �'I�l�°Of� SAINT PAUL -R '��' OFFICE OF THE CITY CLERK >� ,; ;e . . ;� �nium ;� :� ��11 111 II ,,,"• "` BUREAU OF RECORDS , _ �'""mR`�°°��` 386 City Hall,Saint Paul,Minnesota 55102 GEORGE LATIMER 612-298-4231 MAYOR September 13, 1979 Mr. Ed Starr City Attorney Room 647, City Hall St. Paul, Minn. Dear Sir: The City Council today adopted a motion to deny the appeal of JoY� Finley, to a decision of the Board of Zoning Appeals and Plannin� Commission concerning a special condition use permit issued to Alternative Homes, Inc. at the northea�t corner of Albemaxle and Maryland. Will you please prepare the proper re�olution i.mplementing this action. V truly yours, Rose Mix City Clerk � .ABO:la cc: Planning Staff, Zoning Section Housing and Bldg. Code Enforcement, Rm. 445 O .�" I � �a`��TY o,,�, CITY OF SAINT PAUL . x DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT o '� � -_ ,+ DIVISION OF PLANNING �� ^c 421 Wabasha Street,Saint Paul,Minnesota,55102 ... 612-298-4151 George Latimer Mayor June 27, 1�79 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: Re: John T. Finley - Zoning File #8433 r, This is in response to the appeal filed by John T. Finley for Administrative Review of a Special Condition Use permit granted on March 9, 1979 by the Planning Commission to Alternaltive Homes, Inc. to establish a residential group home for up to 15 children, ages 6-15; with chronic social , emotional and neurological problems. The subject '� site is l,ocated at 1210 Albemarle Street, at the northeast corner of Albemarle and Maryland. The matter was first heard by the Current Planning & Zoning Committee on March 1 , 1979, at which time the Corrmittee voted unanimously to recommend approval of the Special Cpndition Use. There was considerable opposition present at this hearing. � On March 9, 1979 the Planning Commission on a 14 to 0 vote confirmed the decision of the Curremt Planning and Zoning Committee. Mr. Finle then appealed the Planning Commission 's decision to thE Board of Zoning Appeals. �'h� basis for his objection was that other group homes were within 1320 feet of the s i te. On May 8„ 1979 the Board of Zoning Appeals heard the appeal of Mr. Finley. A motion was made to deny the appeal , but it did not receive the required number of affirmative votes. Therefore, upon the opinion of the City Attorney, no action was taken by the Board, and the decision of the Planning Corranission to grant the Special Condition Use remained in effect. Mr. Finley has now appealed the action of the Board of Zoning Appeals to City Council and the matter is scheduled to be heard by City Council on July 5, 1979. Sincerely, Laurence J. Ju g� City Planner LJJ/gf ' En cs. ' . i ' I : ,. . . _ . " ZONING STAFF REPORT 8407 ,, . ` 1 . APPLICANT: �pHN T. FINLEY DATE OF HEARING 4-24-79 2. . . . . . . , . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLAN�JING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning � Variance � Special Condition Use Administrative Review Determination of Similar Use ❑ Other � Change of Nonconforming Use ❑ Other � 3. LOCATION: Northeast corner Albemarle and W. Maryland (1210 Albemarle) 4. LEGAL DESCRIPTION: Lots 14 & 15, Block 1 , Kranz Division 5. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: 64.205(a) ! 6. STAFF INVESTIGATION & REPORT: DATE 4-24-79 gy Laurence J. Jung A. PURPOSE This is an=====_=====the de=�_______________'=_______________=______=___�___= appeal of c sion of the Planning Commission of March 9, .1979, granting a Special Condition Use to Alternative Homes, Inc. in order to establish a residential group home for up to 15 children, ages 6-15, with chronic social , emotional and neurological problems. ' B. HISTORY: The Current Planning & Zoning Committee heard the request for Special Condition Use at the public hearing on March 1 , 1979. Five people spoke in opposition; their concerns were mainly that the building and site were not large enough, that hazardous traffic conditions jeopardized safety, that there was no nearby recreation facility, and that the children themselves would menace the neighborhood. A petition with 117 signatures was also submitted in opposition. The applicant and his wife spoke in favor of the proposal . The Current Planning & Zoning Committee, on a 6-0 vote, recommended to approve the proposal since all conditions under Section 60.423(c) were met and the applicant agreed to further aonditions dealing with safety and security. The Planning Commission on March 9, 1979 upheld the recommendation for approval on a 14-U vote. C. FROPJTAGE & AREA: This corner site occupies two lots with 120 ft.. frontage on Albemarle and 62.3 ft. frontage on Maryland, for a total area of 7,476 sq. ft. � D. SITE/AREA CONDITIONS: This level site is occupied by an older, 2-story, 4-plex fronting on Albemarle and a single car garage with access from Maryland. There is an alley along the north side of the site. The immediate area is characterized by older single and 2-family houses developed on smaller lots. Rice Street, a block to the east, is a busy commercial street, and Maryland Avenue, a major thoroughfare and bus route, bor�ders the site on the south. St. Bernards Church & School is also within the vicinity, a block to the south. E. THE APPE�L: ADMINISTRATIVE REVIEW - Section 64.205(a) states that the Board of Zoning Appeals or the City Council shall have the following power: To hear and decide appeals where it is alleged by the appellant that there is an 11error in any order, requirement, permit, decision, or refusal made b the Zonin Administrator and any other administrative of�icial in carrying out or enforcing any provisions of this Ordinance or that there is an error in any fact or procedure in any order, requirement, permit, decision or refusal made by the Planning Commission in carrying out or enforcing any provisions of this Ordinance." Although not stated specifically in his letter, in a telephone call to the appellant he alleged that an error of fact was made at the Current Planning & Zoning Committee hearing in that other residential group homes are within 1 ,320 feet of this location. F. FINDINGS: 1 . Section' 60.423{c) permits residential group homes in an RT-1 district providing that four cohditions are r�et;. These canditions are: a. l It sha11 not be located i�n a two-family dwelling, unless the residential group home occupies the entire structure. b. No more than ten (10) group home residents may be housed in excess of the persons allowed by the definition of "family" , except that structures designed or newly built specifically for such use may allow a greater number provided;,that ail other conditions of Special Condition Use are met. , � . . . � .� � s .� i , . JOHN T. FINLEY STAFF REPORT PAGE T4J0 F. FII�DINGS (continued) : c. The minimum lot size is that prescribed for one-family dwellings. d. A minimum distance of 1 ,320 feet will be required between zoning lots used for residential group home facilities. It was found by the Current Pianning & Zoning Committee that these conditions were met. 2. Under Section 64.209(c) , the Planning Commission is authorized to . "impose such reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit = and purpose of the Zoning Ordinance and to protect adjacent properties.° The Planning Commission confirmed the Current Planning & Zoning Committee recommendation that Alternative Homes provide additional offstreet parking on the site and install a security type fence for safety reasons* 3. Prior to the March 1 hearing, Howard Rod, Director of Alternative Homes, had circulated a letter within the neighborhood to inform residents of the proposed program and that the program met all license requirements of the State Dept. of Welfare under Rule #5. 4.' Peter Heineker, Residential Licensing Consultant for the State Dept. of Welfare, states in his letter of February 2, 1979 that although the building at 1210 Albemarle would require considerable renovation, he "foresees no serious problem in licensing such a proc�ram for 15 children under Dept. of Public l�Jelfare Rule No. 5." 5. It was stated under previous findings that there was at least one foster home within the immediate area but based on the City Attorney's legal opinion of May 8, 1978, foster homes should not be considered in the 1 ,320 ft. determination. The foster home referred to is situated at 159 W. Maryland. 6. Christa Plisiewicz, with Ramsey County t�telfare,indicates that two other licensed foster homes are present: 1292 Marion and 1182 Albemarle. These facilities, therefore, are not regulated within the 1 ,320 ft. limitation of residential group homes. G. STAFF RECOMP�ENDATION: Based on Findings 1 - 6 above, Staff finds that there w�s no error in fact made a� the Current Planning & Zoning Committee public hearing relative to violation of the 1 ,320 ft. rule and that the appeal should be denied. * A further recommendation of the Current Planning & Zoning Committee was that a representative of District 6 have the opportunity to come before the Planning Cammission at its �1arch 9th meeting to present the opinion of District 6. ��r- a pr h�a•�. Gva� f� c��Z�a r2�- r r/ i � , � , 15t VICE CHAIRMAN— Ramsey County Board � T CHAIRMAN— �� O �� , Land and Recreation V �T !'�, Committee � t.�, y COMMInEES— d ,�'�.� Personnel and Management Services DISTRICT 3 waysandrnea�5 BOARD OF RAMSEY COUNTY COMMISSIONERS Long Range Piannin9 SUITE 316 CITY HALL and COURT HOUSE � " MEMBER— Metropolitan Phor�e: 298-4145 Inter•County Council � Ma.rch 23, 1979 � ; ( Ms. Gladys Morton, Chairma.n ' Board of Zoning Appeals � 25 West Eourth Street St. Paul, MN 55102 Dear Ms. Morton: I wish to appeal the decision of the Saint Paul Planning Cott�ission regarding the progerty located at: . Northeast corner of Albemarle and West Maryland (Altemative Homes) I am making this petition as the County Commissioner of the District representing the area. We believe that the Application for Special Use Pennit dpes not meet the requirements of the zoning code anct we are concerned about the safety of the residents, themselves, who will be placed in an extremely densely populated area which has one of the highest traffic volumes in the City of Saint Paul. .In addition, the area lacks adequate recreationa.l facilities for the varied age groups. A petition in opposition had been circulated and many people attended the above-mentioned Planning Commission hearing, and we hope that the list, as attached, will be sent to each City Council member. As I understand it from talking to your office, this decision of the Planning Co�ission was filed on March 9, 1979, and there is 30 days in which to appeal such action. Please advise me of the hearing date. .%�.-- �y'� 4 ��-- � r / �� hn T. ,Finley / oard of Ramsey Count Cam�issioners JTF/umna, Attachment . �"'.� . � , �� . � .. __p ,.' C� _�},,. i i I � I I l i � 1 :� ?�--j -� ; p o __ : _�_ ; , E ; , E ' o a � � o o _ .� � ,. - o � o; o � ; � ° ° ' { �.....awrbR�I►�G ; �� : � o `°- . � � � �= o; � o, o � ` �. � � - � f � o � o --�- . _ , a ; -- ' , ' i i i -� _ _ _ -= oi � �� p � � ° - - - THORNE � -cr � . ♦ , � � � -- . ,: --- . _ . F i i� ° ¢ ° i4 � �,�:R�.�: � .:,�;�," . � i � I ' CITY OF SAINT PAUL � �, � ! ZONlNG BOARD O � � � � .t• . - . '' A VA� OF ZONING CODE CHAPTER�, SECTIOPk��PARAGRAPH � IS REQUESTED IIN ONFORMITY W THE OWERS VESTED IN THE ZONING BOARD '; TO PERMIT THP +�L pl��/.C��1—T r'�T�U�pROPE TY DESCRIBED BELOW. �—Gl/�E�../ A. Applicant; NIAME:�_��i-/f�� 1 �f jL �.� - i , ��g� .1�r . �',"� . AIDDRESS _ ��,:'�� ti.3� I d�rl J/�� 'T�y,i�� °� ?��i . 1. Proper�y-ti�Meses*-ofnp� iean : owner act purchase , etc.) *�� . . {�Z�/�� : I ��L 2. Name of qwner (�dif erent) ;��{.: - z B. Prope►ty Desfription; ADDRE55 ,} /�� CO.��(i�/�„ �'tGf��,.��.L'�.� 1. Legal description: LOT BLOCK ADD. ; f}-�O {�I f}",��}-.� • z. �of ��=�:I � 3. Present Wss Prosent Zoning Dist. � C. -Rens9as..fcc_Raque o l. Proposed use + � �,q i �� ° � ��edr ; 2. at ��fbristi e property prevent i}s being usac9 for any of the permitted y��m one? 0 g �� ' 3. How do #he above site eondiiions prevent on easona e e f ut�property under _ I� the terms of the Zoning Ordinonee? �� w�•�wn��, .t � �� ;�, a a(; �`° 4. State thei specifie variation request d, giving distances where �,�31�� • �� 5. Explain.,how your eose eonf�rms to eaeh of the following: -a. That the striet application of the provisions of the Zoning-0rdinance would result in peeulior or exceptional practicol difficulties, or exeeptional undue hardships. _ 1. t � �� .�� t _,� � � . � ^.s�1.��-4 • � �, � . �.x.�Y �$ . � d b. That tha grant ng of avariance s+;aY�� will �ot be a�substantial detri- CASHIERS USE ONLY 'S �;�Y ment�to the/public good or a *�c`�� j3� , substontin}r impoirment of the � t °� ": -�4 i infen} and purpose of the . � _ Zoning Ordinonce. � �� ' � 1 � . _. . ` �;� �-��-,�T-;;z�o - .� Signature "- �— ��t-�� 3/� �/7� r Ccse Number i Date�Received _ i - . ' Z0�lI�lG STAFt REPORT , , ,, • 1 . ��r4P?�ICANT: A TERNATIVE HO�1ES, IPIC. � . � � DA7E OF HEARING Marcy 1 . T979 2. ` . . . . . . .� . . . . . CLASSIFICATION . . . . . . . . . . . . . . . , CURR�PIT PLAPlPJING & ZONI�lG CO�iMITTEE BOARD OF ZONING APPEALS Re�oning Variance Q Special Condition Use � Administrative Review ❑ � � Determination of Similar Use ❑ Other ❑ � Change of Nonco�nforming Use ❑ � Other ❑ N 3. LOCATION: Northeast corner of Albermarle & 41. Maryland (.1210 Albemarle) �� 4. LEGAL DESCRIPTI�ON: Lots 14 & 15, Block 1 , Kranz Division 5. PRESENi ZONING: Rj-� ZONING CODE REFEREPdCE: 60.423(c) 6. STAFF INUESTIGATION & REPORT: DATE 2-20-79 BY ��'� --------------------------------------------------------------------------------- - A. PURPOSE: The applicant is requesting a Special Condition Use review in order to establish and op�rate a i�esidential group home for 75 children with chronic social , emotional and neurological problems. ' B. FRONTAGE AND AREA: This corner site accupies two lots with 120 ft. frontage on Albemarle and 62.3 ft. f'rontage on h9aryland, for a total area of 7476 sq. ft. C. SITE/AREA CON�ITIONS: This level site is occupied by an older 4-plex fronting an Albemarle and a single aar garage with access from Maryland. The immediate area is characterized by singl mily ,houses on smaller lots. Rice Street, a commercial strip, is one block� a�� the s�� and Maryland, a major thoroughfare and bus route, borders the site to the St. Bernards �hurch & School is within the immediate area. D. SPECIAL CONDITION USE REVIEW: Section 60.338 defines a residential group home as "a structure tvhere persons reside� for purposes of rehabilitation,, treatment or special care . . . Such persons may be orphaned, suffer chemical or emotional im�air�ment, or suffer social ' maladjustment or dependency." . - Section 60.423(c) permits a residential group home in an RT-1 zone subject to four special conditions: 1 . ' It shall not be located in a two-famiiy dwelling, unless the res�dentiaZ group home occupies the entire structure. 2. No more than ten (10) group home residents may be housed in excess of the � persons allowed by the definition of "family" , except that structures designed or newly built specifically for such use may allow a greater number provided that ali other conditions of Special Condition Use are met_ � 3. The minimum lot size is that prescribed for one-family dwe�lings. � 4. A minimum distance of 1320 feet wili be required between zoning lots used ' for residential Group Home facilities. E. FINDINGS: , - 1 . According to Peter Heineker, Residential Licensing Consultant for the State Department of 4lelfa're, Alternative Homes has papers on file which would lead to licensing under D.P.W. Rule No. 5; the licensing procedure is dependent at this point on securing a suitabl� location. D.P.W. Rule P1o. 5 would allow Alternative Homes to provide residence and treatment for a maxim►.�m of 15 socially, emotionally and neurologica�ly •disturbed children, ages 6 to 15. 2. The proposed program would be' located in a 4-plex which will be converted for use as a singl� unit. � 3. The applicant proposes to house a maximum of 15 children plus 24 hour supervisory staff. Peter Heineker states in his letter of February 2, 1979 that although the building would require considerable renovation, he would "fores�e no seriaus proble� in lice�sing such a program for 15 children under D.P.W. Rule P1o. 5." � � . i i . � ' . •, y ' � .t ALTERNATIVE HOMES, INC. S7AFF REPORT ' • PAGE T4J0 _ �t i E. FI�tDIPJGS (¢ont'd) : � 4. The 7476 sq. ft. site exceeds the lot requirement for single family. 5. There are no other residential group homes within the required 1320 ft. according to Ramsey County 4lelfare records. 6. Th�e applicant has stated his intention to increase offstreet parking fr,'om 2 to 5 spaces to alleviate the already cong�sted parking situation in the immediate area. 7. The applicant has also stated his intention to .fence the site. 8. According to information supplied to the Zoning Staff, there is at least orie foster home within the immediate area; however, based on the City � Attorney's legal opinion of May 8, 1978, foster homes should nat be considered in the 1320 ft. determination. ' � F. STAFF RECOMME�lDATIOPI: Based on Findings 1 thru 5 above, Staff finds that the applicant meets all special conditions and recommends approval subject ta thz applicant increasing offstreet parking from 2 to 5 spaces, and fencing the site. � G. OTHER COf�SIDERATIONS: Staff recormnends that the Planning Commission reques�s the applicant to work with P7anning 'District 6 to establish an ongoing citizens' advisory board. , - i ` . � � _ f ` � � ey . i • '� -,- __� �: - �L:l.____-' _ L•1 _ . � _..-. i� .Jr-_= _-_�� ^�s t �' .�. —,^� .f� ... . ^ � � -, .� . y�. L I .. _ �. 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'T. !� _�: y__• ! •+ u- �e �I �, �E�:� ,..._ t i� `_ `�., ,^' -- -• .,, _ - _ _ ;'--b'�; 17 ' ' . � �-��J �L_1,�, - '�rr � 'i �_.:�----- .- - --- � � � } , -;r�: ��--+ � , � �-- --�. �—� � -�• i �, f +�! a-,..a�' ��@��..��'�'��"�ryi�-2 f .o.. . . .:r�." :�'.S r i ``'t -" � -',�'_ � [��_� r—�._7 a.�_ ?�r-- _ • '_.: =�-'Y � t `i .`' :� :+�r-�� i ��i':3��(�� [�'-..t�- �\ '; :rr,- .��--=- -1 G , j''j `' � �_��.��_ q`•��y-T'1r_t('=�r_"i�'--�r-�� i4,,i_i _ .�\� -_L`.__ /`%��' � ..:�. `S F . ��.: . _ �'----^-;r� -a �. -1� - - il�` a. v P�ORTH Ei�D DISTRICT 6 �iJ . ., �>_ �� >�� =�_� lJ.t .s rCE� C�� .,_ . . .�, y_ . . " . i�;�y-��, - �' ��n'�ry� . - ' . . . - _ .._ +.�� i:��'d. . . . . . ��'_��r1 ,'� �2 Residential Group Home - - �;.?��s�.—��'. � ''� �'�-� Chiid Caring Institution r>.��. �,..-�.�� `�� _ � J � �11 C�mmunity Resic�2nt�a1 Facility Mental Retardation • �16 Community Residential Facilrty - � Physical Handicap and . h;ental Retardation �30 Corrmunity Residential Facility - Mental Retardation - ' �� .��0 t�LB�M�R� : . - - . . � (i 320') - . � � � . , "` � ZONING STAFF REPORT � 84Q7 .� . 1 . APPLICANT: ,�OHN T. FINLEY 4-24-79 ` DATE OF HEARING 2. . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning � Variance � Special Condit�'ion Use Administrative Review Determination of Similar Use ❑ Other � Change of Noncpnforming Use ❑ Other � 3. LOCATION: �ortheast corner Albemarle and W. Maryland (1210 Albemarle) 4. LEGAL DESCRIPTION: Lots 14 & 15, Block 1 , Kranz Division 5. PRESENT ZONING: RT-1 ZONING CODE REFEREPJCE: 64.205(a) ' 6. STAFF INVESTIGI�TION & REPORT: DATE 4�24-79 gy Laurence J. Jung A. PURPOSE 1 This! is an appeal of the decision � of the Planning Commission of March 9, ;1979, granting a Special Condition Use to Alternative Homes, Inc. in order to establish a residential group home for up to 15 children, ages 6-15, with chronic social , emotional and neurologic'�al problems. � B. HISTORY: The Current Planning & Zoning Committee heard the request for Special Condition Use at the pub�lic hearing on March 1 , 1979. Five people spoke in opposition; their concerns were mainly that the building and site were not large enough, that hazardous traffic conditions ,jeo�ardized safety, that there was no nearby recreation facility, and that the children themselves would menace the neighborhood. A petition with 117 signatures was also submitted in opposition. The applicant and his wife spoke in favor of the proposal . The, Current Planning & Zoning Committee, on a 6-0 vote, recommended to approve the proposal s'ince all conditions � under Section 60.423(c) were met and the applicant agree� to further conditions dealing with safety and security. The Planning Commissian on March 9, 1979 lupheld the recommendation for approval on a 14-a vote. C. FROPJTAGE & AREA: This corner site occupies two lots with 120 ft. frontage on Atbemarle and 62.3 ft. frontage on Maryland, for a total area of 7,476 sq. ft. - D. SITE/AREA CONDITIONS: This level site is occupied by an older, 2-story, 4-plex fronting on Albemarle and a single car garage with access from Maryland. There is an a11ey along the north side of the site. The immediate area is characterized by older single and 2-family houses developed on smaller lots. Rice Street, a block to the east, is a busy commercial str�et, and Maryla.nd Avenue, a major thoroughfare and bus route, borders the site on the south. St. Bernards Church & School is also within the vicinity, a block to the south. E. THE APPEaL: ADMINISTRATIVE REVIEW - Section 64.205(a) states that the Board of Zaning Appeals or the� City Council shall have the following power: " "Ta �hear and decide appeals where it is alleged by the appellant that there is_an error in, any order, requirement, permit, decision, or refusal made by the Zoning Administ'rator and any other administrative of�Eicial in carrying out or enforcing any provisions of this Ordinance or that there is an error in any fact or procedur� in any order, requirement, permit, decision or refusal made by the Planning Commission in carrying out or enforcing any provisions of this Ordinance." Although not stated specifically in his letter, in a telephone call ta the appeTTar.t he alleged that an error of fa�t was made �t tl�p Cur;�ent ?lar�nirg E: Zoning Comcnittee h�aring in that other lesi�entiai group homes are within 1 ,320 feet of this l�cation. �'. FINDINGS: 1 . Section 601423(c) permits residential group homes in an RT-1 district providing that four conditions are met. These conditions are: a. It shall not be located i�n a two-family dwelling, unless the residential group home occupies the entire structure. ; b. Nd more than ten (10) group home residents may be housed in excess of the persons allowed by the definition of "family", except that struetures designed or newly built specifically for such use may allow a greater nwmber provided;.that a11 other conditions of Special Condition Use are met. I � , , _ � JOHN T. FINLEY STAFF REPORT PAGE T410 F. FIND�NGS (continued) : - C. The minimum lot size is that prescribed for one-family dwellings. d. A minimum distance of 1 ,320 feet will be required between Zoning lots used for residential group home facilities. - It was found by the Current Planning & Zoning Committee that thes2 conditions were met. 2. Under Section 64.209(c) , the Planning Commission is authorized to "impose such reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit � and purpose of the Zoning Ordinance and to protect adjacen�G properties." The Planning Commission confirmed the Current Planning & Zoning Corr�nittee recommendation that Alternative Homes provide additional offstreet parking on the site and install a security type fence for safety reasons* 3. Prior to the March 1 hearing, Howard Rod, Director of Alternative Homes, had circulated a letter within the neighborhood to inform residents af the proposed program and that the program met all license requirements of the State Dept. of Welfare under Rule #5. 4. Peter Heineker, Residential Licensing Consultant for the State Dept. of Welfare, states in his letter of February 2, 1979 that although the building at 1210 Albemarle would require considerable renovation, he "foresees no serious problem in licensing such a program for 15 children under Dept. of Public Welfare Rule No. 5." 5. It was stated under previous findings that there was at least one foster home within the immediate area but based on the City Attorney's legal opinion of P1ay 8, 1978, foster homes should nat be considered in the 1 ,320 ft. determination. The foster home referred to is situated at ' 159 W. Maryland. 6. ' Christa Misiewicz, with Ramsey County Nlelfare,indicates that two other licensed foster homes are present: 1292 Marion and 1182 Albemarie. These facilities, therefore, are nat regulated within the 1 ,320 ft. � limitation of residential group homes. G. STAFF RECOMP�ENDATION: Based on Findings 1 - 6 above, Staff finds that there was no error in fact made a� the Current Planning & Zoning Committee public hearing relative to violation of the 1 ,320 ft. rule and that the appeal shpuld be denied. * A further recommendation of the Current Planning & Zoning Committee was that a representative of District 6 have the opportunity to come before the Planning Commission at its �larch 9th meeting to present �he opinion of District 6. �sr o�rh�� l.�a,o j� ��.t r2�" i � I � ! Q ." _ " � J � 1 ► . 11li " i . � q � � -6 � � --- � � ! � i E �'�--�' O O r 1 _ O � p i p � i �-�, p O � O O - �' � � - � , I�AJ�I�Gr ; i : ' C� ' `a' - � � ; -�_ O� b O� O 0 � a. Q � — I � i p i , a --o�- . - , - i = � � � � � ` __ -= oiQ oi � p � ° - - - THORtVE __ � o _ � - � - - - , � lst VICE CHAIRMA�1— 0 � Ramsay County Board CT + '�y� ��/ �^�. CHFkIRMAN— ' '�a�'� I ' �i v o �1�� Lantl antl Recreation ��JLY � / � .�� ,: Committae g/ COMMITTEES— i Personnel and i ��S'T'R�C�" 3 - Management Services WaysandMeans i BOARD OF RAMSEY COUNTY COMMISSIONERS Long Range Planning i SUITE 316 CITY HALL and COURT HOUSE :'- "'E""BER— Phone: 298-4145 � Metropolitan � Inter-County Council i 1 � March 23, i1979 i i. � Ii i ! i Ms, Glady�s Morton, Chairman � Board of iZoning Appeals � 25 West �ourth Street � St. Paul� MN 55102 � � ! Dear Ms. �Morton: I wish ti� appeal the dec ision of the Saint Paul Planning Commission regardin'� the property located at: � No�theast corner of Albema.rle and West Maryland (A]�ternative Aomes) I am ma�ing this petition as the County Coa�issioner of the District represe�ting the area, We believe that the Application for Special Use E Permit does not meet the requirements of the zoning code and we are concern�d about the safety of the residents, themselves, who will be placed �in an extremely densely populated area which has one of the highestl traffic volumes in the City of Saint Paul. In addition, the area la�cks adequate recreational facilities for the varied age groups. A peti�ion in opposition had been circulated and many people attended the ab�ve-mentioned Planning Commission hearing, and we hope that the list, �.s attached, will be sent to each City Council member. As I u�iderstand it from talking to your office, this decision of the Planni�ig Commission was filed on March 9, 1979, and there is 30 days in whiich to appeal such action. Please advise me of the hearing date. You ru y, � � � . ! �y• j•� " " ,�ohn �. Finley lBoard of Ramsey Count Commissioners � .T'rF'I � i Attac�iment ,..--."''�"�' �� _�� =a-""_ � �� " �� _._ _ .._. ._ _ _ _ ,.�... ,_ ._ I .,Q .��..c vo;a�cece�vea ' ..�.�.. _.. ,.,..._�. _�_�� . I ZONIClG STAFf REPORT , � . • � ' � " l . i APPl.ICANT: ALT RNATIVE HOMES, I�JC. DATE OF HEARING March 1 . 1979 �2. � . . . . . . . . . . . . . CLASSIFI ,CATION . . . . . . . . . . . . . . . CURRENT PLANPdING & ZONING CO�IMITTEE BOARD 0� ZONING APPEALS R�zoning Variance ❑ Special Condition Use � Administrative Review ❑ � � Determination of Similar Use ❑ Other ❑ � Change of Noncon�orming Use ❑ � Other ❑ N 3. LOCATION: Nort�east corner of Albermarle & I�l. Maryland (.1210 Albemarle) �� 4. LEGAL DESCRIPTION: Lots 14 & 15, Block 1 , Kranz Division 5. PRESENT ZONING: RT-1 ZOPJING CODE REFEREPdCE: 60.423(c) 6. STAFF INUESTIGATION & REPORT: DATE 2'20'79 BY ��'� A. PURPOSE: The applicant is requesting a Special Condition Use review in order to establish and operate a res�dential group home for 75 children with chronic socia7 , emotional and neurological prpblems. ' B. ��ONTAGE AND AREA: This corner site occupies two lots with 120 ft. frontage on Albemarle and 62.3 ft. fr'ontage on htaryland, for a total area of 7476 sq. ft. C. SITE/AREA COND�TIONS: This level site is occupied by an older 4-plex fronting on Albemarle and a single car garage with access from Maryland. The immediate area is characterized by sing7��.mily ihouses on smaller lots. Rice Street, a commercial strip, is one block�f� the s�9� and (�aryland, a major thoroughfare and bus route, borders the site ta the St. Bernards Church & School is within the immediate area. D. SPECIAL CONDITION USE REVIEW: Section 60.338 defines a residential group home as "a structure tvher�e persons reside for purposes of rehabilitation,: treatment or special care . . . SuG'h persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency." ��'� Section 60.423(c) permits a residential group home in an RT-1 zon� subject to four special conditions: 1 . It shall not be located in a two-family d��eiling, unless the residential group home occupies the entire structure. 2. No more than ten (10) group home residents may be housed in excess af the persons allowed by the definition of "family" , except that structures designed or newly built specifically for such use may a11ow a greater ' number provided that all other conditions of Special Condition Use are met. . 3. The minimum lot size is that prescribed for one-family dwellings. 4. A minimum distance of 1320 feet will be required between zoning lots used for residential Group Home facilities. E. FINDINGS: 1 . According to Peter Heineker, Residen�Cial Licensing Consultant for the State Department of Welfa're, Alternative Homes has papers on file which would lead to licensing under D.P.LJ. Poule No. 5; the licensing �rocedure is dependent at this point on securing a suitabl location. D.P.W. Rule Pdo. 5 would allow Alternative Nomes to provide residen�e and treatment for a maximum of 15 socially, emotionally and neuralogically disturbed children, ages 6 to 15. 2. The proposed program would be located in a 4-plex which wi11 be converted for use as a single unit. � 3. The applicant proposes to house a maximum of 15 children plus 24 hour supervisory staff. Peter Heineker states in his letter of February 2, 1979 that although the _ buildirtg would require considerable renovation, he would "foresee no serious problem in lic�n�ing such a program for 15 children under D.P.W. Rule No. 5." � • , . ,� � . �' :` A1.TERNATIVE HOME�, INC. S7AFF REPORT ` � PAGE T410 . � 1 E. FINDINGS (cant'd) : 4. The 7476 sq. ft. site exceeds the lot requirement for single family. 5. There are no other residential group homes within the required 1320 ft. acciordi ng to Ramsey County 6�Je1 fare records. 6. The applicant has stated his intention to increase offstreet parking from 2 to 5 spaces to alleviate the already congested parking situation in the immediate area. � 7. Th� applicant has also stated his. intention to .fence the site. 8. According to information supplied to the Zoning Staff, there is at least onie foster home within the immediate area; ho��vever, based on the City � A�torney's legal opinion of May 8, 1978, foster homes should not be considered in the 7320 ft. determination. � F. STAFF RECqMME�lDATIOTl: Based on Findings 1 thru 5 above, Staff finds that the applicant meets all specia7 conditions and recommends approval subject ta thz � applicant increasing offstreet parking from 2 to 5 spaces, and fencing the site. � G. OTHER CONISIDERATIONS: Staff reciommends that the Planning Commission requests the applicant to work with Planning District 6 to establish an ongoing citizens' advisory board. ,. ` ,: _, � : c ,• r� , , � , . ,.-w�; __ ..._:,:� .�.-:.. ,. . _ .� ... ._.. ._ _ . . -_ --- -,r �i'■ �._'- -- �, .••i�� . -f - __ � � .� ',..,,, r'`' (,�r��.. � ' � ' � . i .. _ _t �-`�Vf 1 . � r � "�� r . ' � ! ' _� i ( � 1( { r . .� ...�.. � . ' - -__ . .+�._ ,f l , .. ll. J�+I�il�� I I� . ._..i�. .\ �i�.' 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