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269570 wH�7e - c�Tr «�.K 26g5"7� cnr�aRr -�ARTMENT GITY OF SAINT PAUL Council � BLUE - MAVOR � Fll@ NO•� ncil Resolution . Presented By Referred To ' Committee: Date Out of Committee By Date WHEREAS, the Shoreview Treatment Center requested the Planning Commission, pursuant to Section 62. 114 of the St. Paul Legislative Code, to determine that Shoreview' s proposed use at 73 Leech Street was similax to uses permitted in that zoning district; and WHEREAS, the Planning Commission, after hearing, determined that the proposed use was similar to a "boarding or lodging house" and a permitted use; and - WHEREAS, the West Seventh Street Federation, pursuant to Section 64.203 of the St. Paul Legislative Code, appealed to the Board of Zoning Appeals which affirmed the Planning Commission' s determination of similar use; and WHEREAS, the West Seventh Street Federation, pursuant to Section 64.204, has appealed the decision of the Board of Zoning . Appeals to the Council of the City of Saint Paul; and WHEREAS, the City Council held a public hearing on July 28, 1977, at which all interested parties were heaxd; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby finds, determines and declares, based upon the record, that the Shoreview Treatment Center is a Residential Group Home within the meaning of Section 60.338 of the Legislative Code; and be it FURTHER RESOLVED, that the appeal of the West Seventh Street Federation is granted; and be it COUIVCILMEN Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt Levine __ Against BY Roedler Sylvester Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY sy Approved by ;Vlayor: Date Approved by Mayor for Submission to Council By , BY BOARD OF ZONING CITY OF SAINT PAUL OFFICE OF THE MAYOR CITY PLANNING DONALD L. SPAID AIP July 27, 1977 PLANNING COORDINATOR Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: This is written in response to the appeal of the West Seventh Federation of a decision of the Board of Zoning Appeals to uphold the Planning Commission's determination that the Shoreview Treatment Center is similar to a boarding and lodging facility and not a residential treatment facility. The property is located on the northwest corner of Leech and Mc6oa1 , and is described as Lots 12 thru 14, Block 5, Leech's Addition. The Current Planning & Zoning Committee considered this matter at its 3-24-77 meeting. The applicant wishes to convert an existing Wilder Day Care building to a proposed boarding and lodging facility. The applicant could not proceed with the conversion until a determination was made as to whether the proposed use was a boarding and lodging facility or a group home, since a residential treatment facility is within 1/4 mile of the site and the Zoning Code forbids residential treatment facilities being within 1/4 mile of each other. The Corronittee, after discussing the matter with the applicant and staff, by a vote of 4 to 0, found that the proposed use was a boarding and lodging facility. On 3-25-77 the Planning Commission confirmed the determination of the Current Planning & Zoning Committee, by a vote of 14 to 0 with one abstention. The West Seventh Federation appealed the decision of the Planning Commission to the Board of Zoning Appeals. The Board of Zoning Appeals considered this matter at th��ir 6-21-77 meeting. After hearing testimony for and against, a motion that the Planning Comnission erred in its determination that the proposed facility is similar to a boarding and lodging house, failed on a 2 to 2 roll call vote with one abstention. Inasmuch as the motion to overturn the Planning Commission's decision was not passed, the Board of Zoning Appeals upheld the Planning Commission's determination. This matter is scheduled to be heard by the Saint Paul City Council on July 28, 1977. Yours very truly, Roge Ryan City anner RR/gf Zoning file #8166 421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151 0 �— , 'WNITE - CITY CLERK ^�^�� PINK �- FIl�ANCE � COUIICII � �� ►..�� D�ARTMENT GITY OF SAINT PAUL t •LU£ - MAWOR � Flle NO. '�� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. FINALLY RESOLVED, that this decision be communicated to the Zoning Administrator for any necessary enforcement proceedings. COUNCILMEN Yeas Nays Requested by Department of: Butler .�� In Favor Hunt Levine _�___ Against BY Roedler--- Ted�� AUG 9 1977 Form Approved by City Attorney . Adopted ouncil: Date . Ce fied Pass y Council Secretary BY � App oved by D AUG 1 fl 1977 Approved by Mayor for Submission to Council By BY PUBLISHED AUG Z fl 1977 � ��.g�� ,t= �•y+ CITY OF SAINT PAUL e �; OFFICE OF THE CITY ATTORNEY :• ,:.�^ ^° �,� Harriet Lansing, City Attorney 647 City Hall,Saint Paul,Minnesota 55102 George Latimer Mayor 612 298-5121 August 1, 1977 Rose Mix City Clerk 386 City Hall Saint Paul, Mn. 55102 Re: Shoreview Treatment Center Dear Mrs. Mix: Enclosed herewith is the resolution granting the appeal of the West Seventh Street Federation in the above ma.tter. Very truly yours, .��d�'�Gt',�5 /'�4 . � THOMAS M. SIPKINS Assistant City Attorney TMS:jr Enc. �;�� . _ _. .. ' - � . � , ,!• . I '`i Y . . ..� . ' ,. . . � . ' . . . . ' . ...� • f �.�. • '. � , .,K I '•_��r��+'��I�/�Y . . . . . ' \, ' . ' . ; ;.:' � , , . . i f, � �� / . ' _ • � i _ , i"v . i , i ,.. - . —� � + � � � � , i • - . . - . r _ � _ , '. . • � � , / � _ � _ � . , . � �� • : � � +,�� , �„1 •. � , ' � , � . . ;= . . ; . _ ,, ,, � '� � . ` , • ' , . � � . . , . -, ° . #�i�r�t�!'� S�1 : , � : � . � � . � . �� ; ; : � �- �a[r�I�t.--��s: ` . � � � � '° `` . ��r 0ai�1� . 1M� s �ia ��ns e�n 1� ��i�"i e�` q� x.:�t �,� ri�� . �� . � t _,, -�� +1�o! 1�r . � � �a1i rli�t � �r 1r� �IM��+ +r� �Wi� !� I�nt+�►;�'�► �iar� 3�tw�i ae � �r�tl�rst � �' ll�`'� ; �.._' � � �i �.��'.� � � , . � ��.� ��._ . .... ; . �� . � � :. � , � ' '. i�1��IL��,'M�#r f� . �'�M�� E#+ ! r , ,° - ; •'1� '�Ol�d�li�r!` �s ��ir�l��' ,�e�' t0 �"l+ai�ln�1 p� �'�a�1w��t��:�`'� �M�!��r�nor►+ ," � !��'p+� '�M�' `~�1' ' �+r�Iw�L�.�c� 4' +M�'�'l�In.-. , , . , - � �, , � � � T�' � #�'�,r � � / ; . ,A ' � � ., � � , ' . ` � , t ''t ' � � . . ' � �� / �� i . . �. ' \ ' , ' r, . ' ♦ � ' +�� ' . . • ' �6�0�� \ _ ; �. '. � . . ' � � , . . . '. � . . ' . � � ( � � �i� � . ,r , , . � � ... , �� . � � ' ' . . . .�. ' . , , , . _ . . . . . , . � . � � � \ � . . , .�i �� . • � - . , � ' . i � . �. �. . . . . . - . . . . . . . . . .�-:a . . - � . �' � j , . � � � � � , . . . . . . , ' . �. ,. yJ' , . ; .. •. . .. . 7 . ' � ' � . . .r. � � . � . � . - � . � � . . � - _ .� .. . .. . � . .. � � . . . } . ; � .. � ' 1 . ' . . 4_ ' 1 � . . ', , � • . � �� : , � ,� ;. • , �, t _ ' � _ ' , . - ;, • � �. . 4 ._ . t � � .�' ' , : � � , . , . y .. . . � ..,, _ ,� .� _. . �' ` � "• r- . »�'�.,��.� `1'{1�,.';�`�nrt'�4��►�`.v�.�';;�,;a�:r.. . .-� ��.:�•��•�:��?�I�.� ., , :, , � , , � � T PLANNING BQARD STAFF REPOAT June Z� . 1977 Yl�t !!ap 6 � . ._ 8�� . APPI,ICANT'S NA1� : West 7th Federation - 2. CLASSIFICATION . � Amendm•nt � App��i � Pormit a Oth�= • i 3. PURPOSE � Appeal of Planning Conmission Deci�ion . . 4. LOCATION : 73 Leech St. at McBoal 5. LEGAL DESCRIPTION : Lots 12-14, Block 5, L�ech's Addn. � 6. PRESSNT ZONING: RM-2 ' 7. PURSUANT TO Zoning Code Ch�pter: 64.203 . ��tion: , Pasa�s�ph: • 8. STAPF INVESTIGATION & REPOxT: Dato: 6-14-77 $y� �$s A. PURPOSE: This is an appeal of a decision made by the Planning Caemissiori. The �omn�`iss�on found that the faci 1 i ty proposed by Shoreview T1^eat�aent Cen�er at 73 Leech Street is similar to a boarding or lodg�ng house. The West 7th Federation beljeves this is an error and that the proposed facility is more �ike a mission. B. HISTORY: This determination of similar use was made by the Current Al�nning and oning amiittee on March 24, 1977. This was not a. pub-11c hearlr�g �nd neighbors were �not informed. The Comnittee voted unanimpus�ly tMat the p�opOSed use was similar to a boarding and lodging facility. The CqqmittRe's decision was � unanimously approved at the Planning Comnission's meeting an March 25, 1977. The minutes of those meetings are attached. Section 64.203 states that appeals for administrative reviews must be made � within 30 days after the decision has been served. The appeal by the West 7th Federation was received by the Current Planning offices June 6, 1977. The � City Attorney's office should determine if their appeal is valid. C. DEFINITIONS: The following terms are defined in the zoning ordinance: Section 60.310 Boarding or Lodc�in H�ouse: A building designed for or used for a single-family or two-fam�ly dwl ell n and containing guest rooms where lodging, with or without meals, is provided for canpensation on a weekly or monthly basis. Section 60.318 Nursin Home or Boardin Care Home: A structure with sleeping rooms, where persons are ouse or o ge an are furnished with meals, nursing, and medical care. Section 60.338 Grou Home, Residential : A building or structure where perspns reside for purposes o re`�ia i ita on, treatment. or special care, and which is not a Community Residential Facility as defined in Section 60.316(1), herein. Such persons may be orphaned, suffer chemical or emoti.onal impairment, or suffer social maladjustment or dependency. Section 60.393 Mission: A non-profit, charitable, or religious organization providing board ng an /or lodging and ancillary services on its premises to primarily indigent, needy, homeless or transient persons. ' _.. .. , �,•.., �.i � • :q�::R� . ; � s WEST 7TH FEDERATION Page z D• FIND__IW` 1. The building for the proposed facili � has never been used as a single family h�buiqtb�rding andrlod�ineMhond is defined as a one or two family dwelliny. 9 9 use 2. The proposed facility is not similar to a boarding care home� as there i . no medical care. S 3• As shown in the minutes, the Shoreview staffperson describe the proposed facility as "persons who have been 1n t� ��Se the users af Detoxification Center, who are be y Cc#urlty �5 cases because of brain damage or lack ofewi�nt aT�who are hopel,�ss - to be most similar to a residential group home or a missioned NeitMereaf S these uses would. be permitted at Leech and McBoal, � 4• Because the users wi11 pay for an overnight stay in the proposQd facllit it may be that it is similar to a motel, a permitted use in a Br3 dlstrict or the transient residential uses permitted in a B-4 district. . E• CONCLUSIONS: The Board must decide the following: 1• Can this appeal be heard, as the appeal was filed after the 30 da 2. Is the facility's offering board and lodging to eg�� o y �i�it? sanething other than a residential group hane or mission?f alcoholics � , � +" .�'�u�' , . , � .,R, � y� �,,, � • , . .. ; �. c .�ti:�.� °.. _. ��'. , i . ' . � . ,�,,� Ae'f 4:a1"�1t".��`. a • , � i � li '� . • I, ` PLANNING COMMISSION OF ST. PAUI. 421 Wabasha St. Paul , Minnesota 55102 A meeting of the Planning Comnission of the City of St. Paul , Minnesota was held March , 25, 1977, at 9:00 a.m. in the City Planning Conference Room at 421 Wabasha. St. Paul � ' Minnesota. � Present: Mmes. Grittner, Mayne, McGinley, Montgom�ry. Norton, and Piccolo; Messrs. Feder, Grais, Bryan, Nenggl . Hummer. McDonell . Pangal , Prifrel , Sherwood, dnd Tobler. . � Absent: Mrs. Cochrane; Messrs. Stegemoeller, Van Maef, and Willits. � � Also present: Rose Mix, City Clerk; Gene Conway, District 14; Mike Eggum. Public � Works; John Kelly, Dispatch; L. Jung, G. McGuire, �. Ker.cheval , M. • McAvey, D. Spaid of planning staff. The Planning Comnission at its March 25, 1977 meeting took the following action: APPROVED the minutes of its March 11 , 1917 meeting. Motion was made by Mr. Sherwood, secanded by Mrs. Piccolo, and carried unanimously. ' Mrs. Carolyn Ghittner was sworn in as a Planning Commission m�nber by City Clerk Rose ; , Mix. Mr. Bryan, Chairman of Current Planning Comnittee, announced the petition for rezoning properties west of I-35E between Hyacinth and Clear is being changed by the applicant and will be considered at a later date. . APPROVED, by unanimous roll call ,vote, a motion made by Mr. Bryan, seconded by Mr. Sherwood, that the proposed use of property at the northwest corner of Leech and McBoal as a boarding and lodging facility is similar to other uses permitted in the zoning district and the proposed use is determined to be a permitted use. APPROVED, by a roll call vote of 14 ayes and 1 abstention, a motion made by Mr. Bryan, seconded by Mr. Sherwood, finding that the proposed use as an outpatient treatment facility, requested by the Shoreview Treatment Center, for a part of the property at the northwest corner of Leech and McBoal does not constitute an accessory use under �the zoning ordinance and is thereby prohibited. Mrs. Norton, as Chairman of the Steering Committee, and Greg Haupt of planning staff presented the proposed capital expenditure proposal evaluation sheet. APPROVED a motion by Mr. Humner, seconded by Mr. Pangal , to change the word "incorporated" to "use" in the last paragraph of a proposed resolution regarding capital expenditure ! project review by a voice vote of 13 to 2. By RESOLUTION (77-8) agreed to base planning review of proposed capital expenditure projects on considerations relatinc� to adopted plans and policies; development program- ming; economic, social and environmental impacts; and equity, and ask that these considerations be used in the CIB Committee rating process. �;.:�,-.e+r•r.- � . . � . "' . , `�� ..��li; .�i�r.��s%�:., i�+r%iF!!��`��: `'�� , . ♦ + . � , > �•:r; ��.,��,�e n+ . . . . . . ... ��F �. . , , � , r �� yf�y '� • � . . , � , � � � .. �� h.'' r� �� . � 1 Ar ' • •. • �� !� � '� ' , � . , y�.��', �» � , -�y r � : . . '• s6"�4 ti':�,�•�`. ' ,+�� , ' ,�f• . '' , . , r. , , ±�,, w' . .', , . . � , . t .�_, _ � , . MINUTES OF THE CuRRENT PLANNiNG A� ZONiNG COMMITTEE ME�TING QN � MAkCH 24, 1977 IN CITY PLANNING OFFICES, ST. PAUL� MINNESOTA • ' ' ' PRtSENT: Messrs. NununNr� Sherwood, Willits and Brydn of the Current Planning ,6 Zonin'ci Conrnittee; Mr. Thomas Sipkins, Assistdnt C1ty Attorney; Mr. Richdrd of the Division of Hous�ng & Building Code Enforcement• Ne�Sps, �y � �iiid M5. Fox uf the Planning Staff. � , M1�6u1re and ayng , .� � , . ; SHOREVIEW TREATMENT CENTER �+8099 : Determination of Simil�r Use and 5�e�i�'� , � Condi tion Use . ,, `�� - property at nort west corn�r of LR�Gh a�nd McBoa1. �r . . � . The appellant was present. There was no o � • � � f PPositio�. : , , - a, ' . Mr. Jung read the staff report. � � �'�� ' `. ' . ; . •, . „ , . Mr. Lyle Tollefson, staff person for the ��pre�� Trea�Gne�t Cen�er� canl� forward and said he needed a definition af e grp �� - � tention that their program does not fall�un�tha�ficla�siflca�ion1sbq��is strictly, a board and lodging facllity. He said they fiave a vt�^y; �e�.e�t. g�0 'Me th¢n. described tihe activities and aims of the center, sayinp it wo�tld bys�us�d for a� outpatient program, and that group meetings woi�i,� D�, hqld pf 1� or )� peQp�e on occasion. . Mr. Bryan remarked that it seemed to him the Co�mi�ttee must decide wh�the�' tl� center is just board and lodqing, and whether h�yinq qroup m�eting� is cansidered. � therapeutic. �4r. Tollefson said there are two distinct programs with no connectlon between each. The outpatierit program is strictly as overflaw of Shoreview Tredtment Center on Sherman and people livinq there are not going to use 1t. In answer to a yuestion cor►cerning residents of the center, Mr. Tollefson said these are persons wl�u have been in the Ramsey County Detoxification Center, who are beyond treatment and are hopless cases because of brain damage or lack of will . Mr. Sherwood asked if Mr. Tollefson would call them terminal , and Mr. Tollefson said ti�ey are terminal as long as they continue drinking. He said there will be a live-ir► counselor and a maintenance man, but they are on their own and can cane and go as they please. He said comnunal meals, 7Y, and a recreation roaa are provided, which are vital factors. "1r. Willits and Mr. Tollefson then discussed the question of whether this could be considered a group home. Mr. Tollefson said there is no treatment and that residents are taken to Ramsey if there is a medical problem. He sdid they are not staffing the facility with people who are medically trained, and the � � counselor will serve n�ainly as house manager. j Mr. flu�rmer questioned the cade terms of a group hane reqardinq rehabilltation, etc. Mr. Willits and Mr. Sherwood both questioned Mr. 7ollefson a$ to movement of residents and whether a change in program would mean the state statutes mlqht have some effect. Mr. Tollefson said the home is tp serve the populati0n that is there and there is no concept of usyng the buildinq for anything less. Mr. aney said the state is required to notify the comiaunity of license proqramS and consequently his department receives these notifications. He sdid if � • • . . . ..A'tt4'M...l.4illrYMS1.s+r..,.wr��..u�.�ns.,•.:w4. .w .. . _,.. . �r.�.••:��.-�� ,��*�� : ' - ' ��t '�� • ^ "� . �4 r�',�" , r�•ti.. . � � � � . . � . . . ' , (+r.�' !;-t�� • . , , . .. .. . . ' .. . � .,`� , .� Shorr�v i ew Trea t�nent Center � , P,ege 2 : tli�y r•rctive notification fr�m the state that a program under thelr auspices w� tu be initiated ir� this particular buildin9. •�t would cqne under a group hoaie � acc�rdiny to his deNartn�ent's assumption. Without the notification. th�y Col�ld n�t makN that assumption. . Mr. Sipkins said accessory use should be read clearly, but he would leave it up to Mr_ Tollefson whether it was d board dnd lqdging fac111ty. If not, 4utp�tient use should be in an OS-1 district. Mr. willits asked if outpatient treatment would require liGense by the .s�ate an�d Mr. Sipkins said yes. Mr. Tollefson said the program is licensed under $horeview, �nd� Mr. Amey s�id . the license at Shoreview is issued to the building op Slqltfi Ayen4e. Th�e state � would have to inform them for zoning purpqSe; p�;��y u� tl�gy 1.1��q��, , '� Mr, McGuire said if accessory to hospi�a� , outpatlent �treat�nt 1s perq�it�ed in RM-2 zoning. Mr. Bryan said the main purpose is to decide if the principal use iS board and lodging vs, residential group home. Then �an outpati@n� program be accessory to the board and lodging use? Mr. Hummer moved that the board and lodging would not classify unde� resid�ntial 9roup home and that is all the Committee c�n find, The motion was seconded by Mr. Willits and passed unanimously 4-0. Mr. Hunmer then made a motion that since the primary use is not a group home, an outpatient treatment facility would not qualify as an accessory use at this location. 7he rnotion was seconded by Mr. Willits and passed unanimously. Submitted by: ApproVed by: �'�`�G�4 7�L< <�' !/ ��'�''"�� (/ �/ l ► •- _ v ? ' > Laurence J. Jung �`� � ' ' James Bryan, Cfiairman ��AOY•MARiUIIf CO. fT.�AUI,MINN. -� ��tate of �inncgota, co��cy of _....----�- - -- - Ramsey -- - ---� -� --- -- � --------- Jean S. Berman _ , being first duly sworn, deposes and says -- - ------------ ----- - --- --- �---...-- -- ' --- -------'- �--�--- ------�-------�-- ---�-------� --------------------------- that on-------June.------'--- -- - - �y 77--- -----5-he seraed the attached-------ReS0�U�1011--------------- --------------------------------------------------- --- -- ------------ --- --------- --- -- - - -- - ----�-�--- -_up�� -----W�st---7.th..Federa�.i.on_..---------------�---------------�-------------------------...------.............. attorney_ f�r- ------- - -- - --- - - - -- - -� -�� -- --- -- - ----------- -------:�----� --------••-----•-----•---•-------•--•--•••-•-••-•••••---•-•-•-•------by placing a Nue and correct copy thereof in an enaelope addressed as follows: 175 S. Western Avenue, St. Paul , Minn. 55102 (which is the last known add�ess of said attorney) and '1iw �. ,�' a ',r ��.��'�� --- ---- -----------------------, n ��y �ei�ve�ng tn�s`ar ��trie above a�dress ac- - S-t- P�u.l-------------------- � --- - - �t"�Pd� . Subscribed and sworn to be � ' . _ aay o�--....--��-�-- --------�:-..... . . ... •--- - - - ...•- •--•••- •-•••• ••-- ...QO FOX ,�`� �'Q'/Y!/..............••-••----....--•-••--------••-•-------•------ �,� NOTARV PUBLIC•MI@INESOTA , RAM$EY COUNTY � ya:S.•� My f.ommiss�on Expires Seot.28.1981 � „�,wwwM�ruvevwtrnt+. x , .......: .. ..... ...................�---�-•-------�--------- • --- --- -----•--•---�-----��-----Notary , t city of saint paul board of zoning appeals resolution zoning file number__ 8166 date ---- _ ��-�------ _� WHEREAS, on March 25, 1977 The Planning Comnission fdund that the facility pro- posed by Shoreview Treatment Center for the property at 73 Leech Street (Lots 12 through 14, Block 5, Leech's Addition) is similar to a boarding and lodging house, and WHEREAS, there was no public notification of this hearing, and WHEREAS, the West 7th Federation, a community organization representing neighbor- ing properties, have applied for appeal to an administrative order under the provisions of Chapter 64.205(a) and 64.206, as per their application, attached hereto as Exhibit A, and WHEREAS, Section 64.203 requires that appeals for administrative reviews must be made within 30 days after the decisio n appealed from shall have been served upon the owner of the subject property, and WHEREAS, the St. Paul Board of Zoning Appeals conducted a public hearing on June 21 , 1977 pursuant to said appeal and in accordance with Section 64.203(a) of the Legislative Code, and WHEREAS, the St. Paul Board of Zoning Appeals, based upon evidence presented at the public hearing, as reflected in the minutes attached hereto as Exhibit B, made the following findings of fact: 1 . There was no public notification of the Planning Commission's decision in this matter. 2. The West 7th Federation were first informed of the proposed use when construction began on May 17, 1977 at 73 Leech Street. 3. The West 7th Federation appeal was received by the City Planning Office on June 6, 1977. NOW, THEREFORE, BE IT RESOLVED, by the St. Paul Board of Zoning Appeals that inasmuch as the appeal was filed within 30 days of the appellant's being informed of the Planning Commission's decision, the Board will hear the West 7th Federation appeal for an administrative review. moved by Grais _ seconded by Fi shman_ _ � i n favar 5 against � city of saint paul board of zoning appeals resofution zonii�g file number 8166 d��e __June 27, 1977-----l-- WHEREAS, on March 25, 1977 The Planning Commission found that the facility proposed by Shoreview Treatment Center for the property at 73 Leech Street (Lots 12 through 14, Block 5, Leech's Addition) is similar to a boarding and lodging house, and WHEREAS, the West 7th Federation, a comnunity organization representing neighboring properties, have applied for appeal to an administrative order under the provisions of Chapter 64.205(a) and 64.206, as per their appli- cation, attached hereto as Exhibit A, and WHEREAS, the St. Paul Board of Zoning Appeals conducted a public hearing on June 21 , 1977 pursuant to said appeal and in accordance with Section 64.203(a) of the Legislative Code, and WHEREAS, a motion that the Planning Comnission erred in its determination that the proposed facility is similar to a boarding and lodging house failed on a 2 to 2 roll call vote with one abstention; NOW, THEREFORE, BE IT RESOLVED, by the St. Paul Board of Zoning Appeals that, under the authority of the City's Legislative Code, Chapter 64.206, inasmuch as the motion to overturn the Planning Commission's decision was not passed, the Board upholds the Planning Corr�nission's determination. This is reflected in the minutes attached hereto as Exhibit B. moved by Hur�ner seconded by Gra;S _ i n favor 5 against o . _ • � �, • ' • APPI ATION FOR 20NING ORDINANCE VA^1NCE , I 4'�`�' � CITY OF SAINT PAUL '` p A ZONING BOARD �� p 9 "t I A VARIANCE OF ZONING CODE CHAPTER.IQ�, SECTION�'„�pARAGRAPH I 15 �D IN CONFORMITY WITH TH� PO ERS VESTED IN THE ZONING BOARD i i TO PERMIT THE�D II�I!('[t�T/�Ale�y��/ ON PROPERTY i� � DESCRIBED BELOW. I T� i A. Applicont; NAME: _� �11�e p nnw _ L[.t I AODRESS S I1. Propsrty int�rest of appllcanf: (own�r, confrocf CUm�) P��has�r, �tc.) u►��?y aRcA�u��noN�r--,y�ESENnNC �v�;�a - 2. Nom� of own�r c;f d;��.►.�,� SNOREVIEW 7RE/�Ti�'lFiV 1' CF/h,/�'Zs � B. Prop�rty Deseription; ADDRE55 1. Lsyal description: LOT �� BLOCK--�_ ADD. �: � 2. Lot sise: ��GJ:d.S..S�/C, 3. Prsssnt Us• l7 Pr��nt Zoninp Dist.�� _ C. Re Rs uest: n' �� , 1. Proposed use - �ju �r l� � i) iJ��; 2. What charoctsristics of th• pro srt �.� .� �'G • ,''�i{�� . 3.. . ` � P Y Prsv�af ��;��f,�a,uf.,�.fo. any f ths p�rmitted Iuses in your zone. . 3. How do ths abovs site conditions p vsnt ony reasonoble e of our the terms of the Zoniny Ordinone�? Y prop�rty under 4. $tate the specific voriation questsd,qiving dista c�s whers appropriate. I , I 5. Explain how your ca conforms to each of e followiny; � a. That the strict pplication of the pro sions of ths Zoninp Ordinanc• would result in psculiar or xceptional proctical ifficultias, or sxc�ptionol undus hardships. b. That t granting of a voriane I will n t be a substantial de i• CASHIERS USE ONLY I ment, to the public good o sub�tantiol impairment o the � intent and purpose the I Z oning Ordinance. ��.. 6��°�0 I �.�� o�. z�. . , � �� .� 5D, �E Signaturo _ ��/� .�v Case Number pot� Recsiv�d I � 1 . � • � , � t'd h J June 3, 1977 Zoning Board of Appeals 421 Wabasha Street Saint Paul , Minnesota 55102 We the West Seventh Federation organization respectfully request an administrative review of the determination of the Current Planning Committee as reflected in the minutes of the March 24, 1977 meeting. Specifically, the action moved by Mr, Humer that the boarding and lodging (inferred; as described by Mr. Tolefson in the same minutes) would not classify under residential group home. It is our contention that Mr. Tolefson's statements indicate that the use is as defined in the Zoning Code as a "Mission" and, as such, would be allowed in a 6-5 or I-1 district only, ��i. ..`r':�� Bec�ky/Yu�t, Secretary 175�-�. Western Avenue West Seventh Federation ��i�i� �� .� �L� ' . � . . � � .. 1 y . 1 .,kN,l � MINUTES OF THE MEETING OF THE BOARD OF �ONING APPEALS ON TUESDAY, JUNE 21 , 1977 IN CITY �OUNCIL CHAMBERS, ST. PAUL ' PRESENT: Mnes. Zachary and Morton, and Messrs. Fishman, Grais and Hummer of the Boar o Zoning Appeals; Mr. Philip Byrne, Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Building Code Enforcement; Mnes. Berman, Fearnside and Fox of the Planning Staff. WEST 7TH FEDERATION �8166): An appeal of a decision made by the Planning Carmission regarding oreview reatment Center at 73 Leech Street. The appellant was present. There was opposition. Ms. Jean Berman read the Staff Report. Mr. Byrne referred to Section 64.203 of the Zoning Ordinance and said that.:.�fie Board must decide whether West 7th Federation is affeeted by the fa�cility. fi� said that the Board could apply a fairly liberal test in thely deEision. The West 7th Federation did not meet the terms of the requirements regarding 30 days for an appeal , according to Mr. Byrne, and he said the City Attorney's office held the view that the Board could read into that 30 day period a 30 day notice requirement. He ex- plained that notice to affected persons could be actual (meaning being notif3ed) a n d c o n c l u s i v e (meaning no tice t hat they should have received or the law would presume they should have received in public notice such as newspapers, etc. ) Mr. B rne said the Board should decide 1 ) if they want to listen to West 7th Federation 2� did West 7th Federation file their appeal on time, and 3) are they affected. Mr. Byrne added that whatever the decision of the Board, either party may appeal to the City Council . Ms. Morton stated that the Board must determine whether they were going to hear the appeal . Mr. Grais asked whether the Planning Staff had talked with both sides regarding timing. Ms. Berman then read a letter from William M. Mahlum, Attorney, regarding time limitation, and said her understanding from West 7th Federation was that the first they had heard of the matter was when Shoreview came to talk with them. Ms. Becky Yust, 256 Goodrich, secretary of the West 7th Federation, said the Federation is made up of the entire comnunity and had passed the hat at a community meeting in order to obtain the $50 filing fee for the appeal . She said that in regard to the March 24, 1977 Planning Commission (CP&ZC) meeting, no requirement existed for the Federation to be told about it. She said that on May 17th neighbors across the � street noticed workmen in the building at Shoreview and went over to ask what was happening, and two days later the corr�nunity meeting was held where Shorevi�rv talked with them. She then explained the sequence of community meetings which had been held and said the Federation filed their appeal within 2 weeks of the time they fieard about the matter. Ms. Morton asked for specific names of persons listed as members in West 7th Federation who actually live within the 350 foot notification area, and Ms. Yust then gave two names. Mr. Byrne then said the Board could hear representatives of each side. Mr. Larry Meuwessin, 914 Cargill Bldg. , Minneapolis, attorney working with William Mahlum, representing Shoreview Treatment Center, discussed the question of whether or not West 7th Federation was an affected party. He said the application in March was , ,� _ , � , �*• . , West lth Federation Page 2 for a Special Condition Use Permit to use part of the building as accessory to . their facility down the street, Victory House. He said this appeal for Special Condition Use was denied, and Shoreview was the only one affected by the denlal. West 7th Federation had no interest in that property and could not apply for tbat permit so could not appeal and are not affected, he said. Regarding the time element, Mr. Meuwessin said the property owner who applied for tbe Special Condition Use Permit was Shoreview, and there was no requirement that the decision be served on anyone else. He said West 7th Federation hdd a victory when the perm9t was denied, so the law did not say they had to be not9fied of the decision. lie said they still have to go by the 30 day limitation requirement regarding when the decision was served on the property owner. ' Mr. Byrne then explained that the Planning Comnission's. de�iSio�t was on a simtlar use determination as to whether this facility was ]ike A�mi�sion, a residential group home, or a board & lodging facility� and they determined it was similar to a board & lodging facility. He said that what is b�ing appealed by West 7th Federation is whether the board & lodging decision was appropriate, not the Special Condition Use Permit. ' Ms. Berman then explained that tt�e original decislon of the Planning Comnisston was for a similar use determination and special condition use. She said the original request had two parts -- board & lodging and outpatient. She $aid the Planning Corronission found board & lodging similar, but determined ttwt an outpatient facility was not an accessory use. She told of how Shoreview had a�most put throug h an appeal at the last hearing of the Board of Zoning Appeals, but had withdrawn their appeal before the meeting. Mr. Grais wanted to know if the Board of Zoning Appeals decided to hear the case whether a legal case would be inade, or if an appeal could be made because of this decision, and Mr. Byrne answered yes. He said the Board could refuse to hear the West 7th Federation and this would then go to City Council . He added that if the Board changed the similar use determination, Shoreview would go to City Council . In answer to a question of wording regarding notification time from Mr. Hummer, Mr. Byrne said that where a decision undertaken by the Planning Comnission does affect oersons who are not served with notice of that decision, they shou1d be entitled to appeal within 30 days after they receive notice. Mr. Byrne also stated that an extremely long delay in appealing might lead one to bs9ieve that you could dismiss the appeal and say they should have known, that i� was there for them to see 60 days after appeal . He said that Section 64.209 says the Planning Commission should notify affected persons but this was not done. Ms. Berman explained that the Planning Carmission meeting is a public meeting but not all the items on the agenda have public notification, and that some things the Current Planning & Zoning Committee does, such as special condition use permits and determinations of similar use, have no notification in our early warning notifi�- cation system. She said the Planning Carimiss�ion does not send out agendas to the early warning system. Mr. Fishman then made a motion that West 7th Federation is in fact an affected party and that the Board should hear their appeal . The motion was seconded by M�. Zachary and passed on a 6 to 0 roll call vote, . � . N.' � . , �� ..�� , � . ' � . ...4•� t�i. West 7th Federation . Page 3 Ms. Bermar� then re-read the findings and definitions from the staff report. � Mr. Amey said there are two definitions of a �bosrding house in �Che City's Legislative Code, one for zoning and one for licensing.pur oses. Mr. if this additional definition would help them,pthey were freentotuse inein�theirhat consideration. Mr. Amey read the licensing definition, which does not include the restriction that it be in a 1 or 2 family structure. The zoning definition says 8 boarding,b lodging facility must be in a 1 or 2 family structure, residential district. Mr. Amey said he had difficulty underatandinq that fromian administrative point of view. Ms. Becky Ust then said that the Legislative Code says they a�re required to board there one week or more and Shoreview people are not confined there for any period of time. She then distributed a packet to the Board members and explained what was .in it. She said the community did not know about the Shoreview matter until May 17th and if the comnunity had known, they would not have needed the present hearing. She added that she hopes the City looks at the�tr notification system. Ms. Leona McKay, 202 McBoal Street, said that they have 19ved very Cpmfortably in their home up until now. She said the first they knew about what was happening was when a neighbor's son brought the notice from the newspaper over to them. She read a letter from a resident of 208 McBoal registering ob�ection to Shoreview and said all the neighbors are up in the air about it. She then presented a petition s9gned by neighbors. Ms. Elizabeth Venditti, 240 Ryan Ave. , said she lived in a 125 year o]d hc�me and wante�� t.o keep Irvine Park the way it always was. She said the neighborhood is up to code and she wants everyone and their children to remain safe. • Ms. Ann Kashula, 90 Leech St. , said she was very much against Shoreview. She said that in the last few weeks there have been 5 or 6 homes remodeled, including hers, and she wants the community left as is. She said she has lived in the community for 28 years. Mr. Charles J. Hudgins, 250 W. 7th St. , said he has his gallery at 250 W, 7th, and he lives over his shop, within 350 feet of the Shoreview site. He said the Ramsey House is on his property, arid he has a feel for the 4istoric value of this area to the City of St. Paul . He said Irvine Park restoration has working day and night to upgrade the area, and it is exc�t3ng to see�the reclamation of an important part of the City of St. Paul that has been allowed over the years to become a slum area. He said there is a cMronic alcoholism problem in the area now and they do not need 22 additional people in a mission to further the problem. He referred to the Civic Center, Salvation Arrr�y, and Little Sisters of the Poor being in the area and serving as help in treating alcoholics. He said free house and free bed does not help alcoholics, and as a former alcoholic himself, he knew the situation, He also referred to conditions in the area such as bad language by drunks, panhandling, etc. He asked the Board to help� clear the area of these problems and he said helpless and hopeless alcoholics won't help the area one bit. Another resident said he is 27 years old and has lived there for 2 years. He said he has lots of money invested and does not want, it to go down the drain. . ; . . „ - ;� � � . . . West 7th Federation ' P�ge 4 Mr. Brad Johnson, a realtor, 3902 Lomac Hill , developersof Upper Landing, said the� are investing one million dollars in that neighborhood, hoping to bring in young I people. They fear for their real estate investment. His feeling was that Shoreview is not in a category of board and lodging facllity. He thought the 6o�rd should find in favor of the p�aintiffs because the use does not meet the city code. Mr. David Thune, 26 Irvine Park, said the neighborhood feels this is a mission to � give shelter and is not a boarding house. He said t,hey do not nesd a misslon and have problems now with people ]ying in the st�eet. The r�e�ighborhood is being built up, he said, and this would be no way to h�lpt �he neighborhood,, Ms, Becky Vust returned and said the Federation feels they bave a concentrntion of treat�nent centers. She said if it were a treatment hane, zoqing would not ��rmit it, so they call themselves board & lodging ftacility. She �pntended that �h$s �ras .not for just anybody, but is for chronic alcoholics from det�ax�. �e said Shorevierw wil�l screen them and bring them to their neighborhood. There are bars and 1lquor stores on West 7th nea'rby, the said, and they have an alcohot prob]em there alreac�y. She said Shoreview claims they follow the AA program. aad sbe dsked if this is not treatment? She said they claim to have a live-1n cotknselqr. and she asked why a counselor instead of a janitor? She said �here are other servlc� fncil9ties and treatment homes and they do not need aoother one. Sine felt �this Would be a detrlment to their community. She said a woman representing Little Sist�rs of the Poor had to leave the hearing and go home, but this woman intended to say �hat her concern was with the Salvation Army and Victory House operated by Shoreyiew nearby and why that high a concentration should be put into the same comnunity. Mr. Larry Meuwessin returned and said that people from the Wes� 7th Comnunity Center who voted in favor of Shoreview had to leave due to the lateness of the hour, but Lyle Tollefson was still there and would speak. He talked about the state definition of a lodging house. He said people at Shoreview are free to cane and go, but they pay and therefore meet requirements of a boarding house. He said the aoning code definition of a boarding house is a one or two fatmily structure with room for additional lodgers, but this is only permitted in multi family areas. A mission has religious overtones, he said, and there is no ir�tention to do that at Shoreview. They have any number of documents calling this a boarding 8 lodging facility. The only reason they are at the hearing is because th�y made the original application for a special condition use permit, and sociological arguments from neighbors have no place here. Mr. Lyle Tollefson, Director of Victory House, 55 N. Smith St. , said he is on the staff of Shoreview. He said na resident of 55 N. Smith in 3� years has ever caused any trouble. Legalities interfere with knowing about the people who are really affected, he said, mainly the tenants. He reacted to the spec`ific complaints of neighbors who had spoken at this hearing, and said no movement has been made to get rid of the bars in the area, that AA is a way of life and a philosophy, not a treatment, that Shoreview is not a mission because they are not a charitable insLitution and people pay on a month to month basis and are free to come and go as they please. Regarding peo le lying in the streets, paramedics should be called, rather than let them lie there. Mr. Tollefson then spoke or Shoreview's program and said Shoreview gives the chronic alcoholic a place to live. He said he does not believe any alcoholic is ever hopeless and he resented the fact that money was discussed when the fate of people is involved. He said Shoreview is not a religious organizatiQn, and would provide a room and board and lodging faciltty. , 1 . . . � r u,r�;F� . . . , . ' . , � . , 1 .y s. • , . • 3�. • � West 7th Federati on Page .5 Mr. Grais asked where these people would go if they did not heve Shoreview. and Mr.-� Tollefson said they sleep in the parks. He said that to get into the new pro�ect, on�: has to have been in detox 5 times. Some are not employble, but sane younger ones are. He spoke of an open luncheon where Shoreview bad invited everyone to come and see the facility. He said hopeless cases are in state institutions, and everyone in Shoreview has been in detox. � Ms. Morton asked what happened if someone drank while in Shoreview--would they be able to come back but would go into detox? Mr. Tollefson said they Would go to detox. Ms. Becky Yust said there was a board in the caimunity which supported Shoreview, the West Side Ramsey Action Program. She said, in her opinion. Shoreview is a non-profit organization, and therefore qualifies as a mission. Mr. Meuwessin said this is between a mission and a boarding � lodging facility. Shore- view will not prnvide the ancillary services of a mi5sdon. There are additional benefits by group living, he said. He discUssed the program at Shoreview, saying treat,�nent is a warm room, nutritious meals, etc. Ms. Berman then read the March 24, 1977 staff report written by Charles McGuire. Mr. Fishman then made a motion that the Planning Canmission erred in its finding. He said, " . . After all the hearings and after all is said arad done, �, deep down, you know, I have very mixed feel9ngs about the controversy. I want West 7th Federation to know that -- that I think what this facility is doing is a tremendous thing, and I 'm kinda sad in some ways to hear some of the things I 've heard today. However, in honesty, m.y motion states that I feel that the Planning Comnission erred in its finding, and from what I hear, this approaches more, in n�y mind, a grroup home residential . I so move." Mr. Fishman's motion was seconded by Ms. Zachary. Mr. Grais then said, "I 've got to abstain. I've got very mixed feelings on this. I was chairman of the Governor's Commission on Drug Abuse; I was chairman of the Welfare Board, and I was on the Ramsey County Mental Health Board. I know the need to take care of people like this. I know that every neighborhood says it should be in everybody else's neighborhood, and yet if you don't take care of them, what are you going to do with them? And yet I sympathize with the people on West 7th Street, and I 'm just torn. I 've got to abstain." Mr. Hummer said, "I would have to vote no, because I was part of the Planning Corrmission determination, and I don't think that they did anything wrong." Ms. Zachary said, "I am voting yes, and I 'll tell you why I am voting yes, and that is because we were asked to determine what kind of home this was, and based on testimony on both sides, it is clear to me that it is a group home. I also have a lot of empathy for the need for treatment. I am not against that. All we were asked to do today was define what type of home it was and that is all we were asked to do, and I vote yes. " Mr. Fishman said, "I concur with Sam tremendously, but I vote yes." Ms. Morton said, "I vote no, on the basis that the Planning Commission did not err. I did not hear any testimony today that would substantiate that this wa$ not a boarding and lodging home.° The motion failed on a roll call vote of 2 to 2, with one abstention and with Mr. Humner and Ms. Morton dissenting. Submitted by: Approved by: Jean, S. Berman Glac�ys Morton. Chairman PIANNING BOARD STAFF REPORT March 24, 1971 � Plat Map 6 6099 1. APPLICANT'S NAME : Shoreview Treatment Center 2. CLASSIFICATION . � Amendment � Appeal � Permit � Other 3. PURPOSE . Special Condition Use and Determination of Simi ar se 4. LOCATION • Northwest corner of Leech and McBoal 5. I.EGAL DESCRIPTION : Lots12 thru 14, 61ock 5, Leech's Addition 6. PRESENT 20I�ING: �_2 7. PURSUANT TO Zoning Code Chapter: 62 S�ction: 114 Peragraph: 8. STAFF INVESTIGATION & RBPORT: Dete: 3_��_�� BY� CLMcG A. PROPOSAL: The applicant proposes to convert the existing Wilder Day Care Bu�ng to a board and lodging facility which will also house offices for an outpatient treatment program for the Shoreview Treatment Center located on Smith, accarding to their letter of March 3, 1977. Under the conditions impased by the RM-2 zoning district (60.452b), accessory uses are permitted in the district. Information provided by the appellant's letter and in follow up telephone conversations leaves substantial doubt in the minds of administrative staff as to the exact status of the proposed uses of the property. Staff is therefore requesting that the Planning Commission determine the following: 1 . Whether or not the proposed boarding and lodging facility falls under the definition of a group home accord�ing to Section 60.338 of the Zoning Code. a) If yes, then they cannot develop as there is another residential treatment facility witbin 1/4 mile of this site. b) If no, then development can proceed. 2. Whether or not the "outpatient treatment facilities" proposed by the developer constitute an accessory use as defined under Section 60.302 of the Zoning Code. a) If yes, then the proposed development will include outpatient counselling. b) If no, then the development can only be for a board and lodging facility. . , � , _ Shoreview Treatment Center Page 2 In making its decision, the Board of Zoning Appeals should limit the subject matter of the hearing and testimony to the sub,ject of Planning Commission error in the denial of the special condition use request. Attachment I: Minutes of the Current Planning & Zoning Committee meeting of 3-24-77 including Planning Staff request and letter of original application. Attachment II: Planning Commission minutes of 3-25-77 together with memorandum from Staff. 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"_.�'�"' ��T�TION %0 5�4INT �L �ZTy �OCIN�7L � .: 1 �{��1?�,45, Tf:.e g�aan�,"� o� pezrni�i..vn. �va Shv�r�ev�.ew T�ren,bnen� Ce�a, lnc, t� _ � 2 �po.�ed bvcrird and .lodq,in$. �ci.Ci� cr,t 7.� Leecla S�r.ee,t �! b.(vrh �rvm Smi,th. Ave. $ mu,[d mohe a �ncer►.tiacc#.i.on v�.�he�e �aci.Ci�i.e.� u�i.th.i.rc � c,i� b.loclt.�; : 4 :��, T.�l�/?�FO�► A%J'L�4L To �he C,c� Counci,C �ri a��i.�nc vcut cvn�en,t.i.c�n �h.a� , pirvpr�.�ed bvcud and .Lvdg,�.ng �aci,L� °� 73 Lee� S#R,ee� dve,e nvz w►x�virm � #h.e S#. � 7 ru.n,� ��d.i.rLartce de��:ni�i:vn, arrd �.a� .i,t uvu,[d tSe .i.2cvm�a�i.b.Ce 6 �h.e nre�ghbv�fwvd and ad�acp.n,t #ii,ea.�aerl,t cerr�e�r.�. ? "� _ � _ ____-�� °� O ��-✓.2�,_.�„!� 8 �:� � _ _ / --_ � _ ��____--- ,' ;, �� . ', � 9 ---- ----- --- ----- io ' '� _��1 ` B��-q��.��.__ __ �_ _ , ,� , / _ ,� Z1 � ,Gt . _ .c:�.1�—�_c.:,.�� , � � z-g¢ �� X � • '� __ __ �� __ __..__ ___ _ - �- � � � � _ --�.___ __-_ �� 14 , / ' - ----- __._-- -.—_.�--- 15 — ---�-4� z� �� ._y_ � 2 3 : __.._ ___ .___ _ � _�. _ 27 -------- -------------�---- , (�d` ��M(p � ,��'G�7� -�� 18 J � �.. � �� / 1g , - --- ---a�------- ,�� ; , ° . �..- _ � . � � � - � ��, ' ��VV/„ ' �. ..t �✓ / �,�� . . -� �� - .�. ��. . ��- - ..:...�...�`.��r.� � _ . . :; 21 � ,�1..� ---'��=-� -- �.�� 2� � _ �_ �..1�.� _ _� � 23 �' ,� - �- :...__... �-�� - ��.._.... � 24 ,dJC )Gx7� r - - �,.� ---�_-�=______�__-- ��-...��.��:�__---�-_� 2b -�-- �� r.��.___ ----- --.-- ��__ - � � ,: _ - ., . � ; � ;; _. , . . _ . ..: ,�_ ,,. .. : _ �...,,: . . � _.._:.. , JDEN�CY TREATMEl�� SYSTEM RELATIONSHIPS TO PROGRAM REVIEW PHYSICAL PLANT/ IMUM STAFF COMMUNITY RESOURCES CLIENT RECORDS AND EVALUATfON ENVIRONMENT Based upon the primary goal of All programs must meet the Ail prugrams shall AI I programs ill the chemical dependency treat- requirements specified in DPW meet the require- must meet the re- me ticensed nursing personnel ment system to achieve perma- Rule 35 and 32 and/or JCAH ments specified in q uirements laid me detox technicians nent changes in the clients' standards including: DPW Rule 35 and down by the Min- ie counselor. alcohol/drug taking behavior, A. Every program shall main- 32 or JCAH nesota Depart- Service Worker contracted or and the secondary goal of tain an organized record sys- standards regard- ment of Health's providing assistance and sup- tem for the collection of ing program eval- Supervised Living port in ameliorating the broad- information appropriate to the uation including: Faci I ity Rule er social probiems which result treatment component serving (S L F) and/or from an alcohol/drug history, the client. 1. A written JCAH standards it becomes essential for chem- B. Every individual case re- statement of the which are condu- ical dependency treatment pro- cord shall include a treatment program's goals sive to developing — One (1) for each ten �10) grams to make maximum use plan outlining the goals and and objectives. an environment of appropriate community re- objectives for the individual that: ig personnel forty (40) hours sources such as: during treatment. This plan 2. A written shall be based upon an evalua- evaluation plan 1. Enhances the d/or psychologist on staff or �. Mental Health Centers tion of the client's presenting based upon the P o s i t i v e 3greement 2. Vocational Rehab. Pro- alcohol/drug related problems goals and objec- self-image of the ;taff or by contracted agree- grams as well as an assessment of tives of the pro- c�ient and pre- 3. Recreational Programs his/her medical, psychological gram. The evalua- serves human dig- 4. Acute Health Care Facili- and social problems. tion plan shali in- nity. ties (hospitals) C. Every individual case re- clude a Utiliza- ined chemical dependency 5. Social Service Agencies cord shall provide for a contin- t i o n R ev i ew 2• Contributes ach 25 clients 6. Alcoholics Anonymous, ued assessment ot the progress mechanism for to the develop- aabilitation counselor on staff Narcotics Anonymous, of the individuai toward the periodically asses- ment of therapeu- rd agreement other self-help groups goals and objectives outlined in sing the effective tic relationships. :valuation and treatment ser- 7. Educational Programs the treatment plan (Utilization use of staff and on the staff or by contracted 8. Criminal Justice System Review Mechanism). p r o g r a m r e- 3. Conforms to D. Every individual case re- sources toward the public health r on staff or by contracted Each program modality should cord, upon termination of the the attainment of and safety stan- establish formal working re�a- client, shall include a discharge individual client dards of all tionships with appropriate out- summary in which is entered a treatment goals. appropriate local, side community resources be- final evaluation regarding pro- state and federal emicai dependency counselor fore attempting to develop gress of the client toward the 3. D o c u m e n- authorities. �nts. potentially duplicative services goals and objectives set forth in t a t i o n v e r i - iabilitation counselor on staff W�thin its own administrative the initiai treatment plan. fying the imple- �d agreement. structure. E. All information contained mentation of the in the client's record, including evaluation plan. any information forwarded to legally authorized data collec- 4. Documenta- tion agencies, is considered t i o n verifying confidential, that the results of F. Client records shall be the evaluation emical dependency counselor accessible to the client upon process become �nts request. part of a contin- uous program planning process. emical dependency counselor �nts. emical dependency counselor �nts , 1975 by: )L AND DRUG AUTHORITY �EPENDENCY ASSOCIATION ' ALCOHOL PROBLEMS INFORMATION CENTER CIL ON ALCOHOL AND MINNESOTA CHEMiCAL DEPE MODALITY PURPOSE OF PROGRAM SERVICE COMPONENTS MII To facilitate access into the chemical dependency treatment A. Medical Triage and Surveil- A. Director system by providing transportation,detoxification,education, lance B, Physician on diagnosis, counseling and evaluation of clients' alcohol/drug B. Assessment, Counseling, C. Four (4) full RECEIVING related problems; provide a referral linkage to the remaining Referral and Follow-Up D. Four (4) full DIAGNOSTIC range of appropriate treatment programs within the C. Services Of An Acute E. One (1) full t AND REFERRAL �ntinuum of care. The center shall screen medical problems Hospital By Contract For F. One (1) Soci� CENTER and have available the services of a licensed physician for Medical Emergencies on staff. medical emergencies. D. Transportation (inbound &outbound) E. Residence and Dietary To provide a range of intensive rehabilitative services within a A. Assessment A. Director residential setting to chemically dependent individuals who are B. Counseling B. Counselor(s) free from significant physical and/or mental complications C. General Health Services clients PRIMARY primarily for the purpose of achieving positive changes in the D. Mental Health Services C. Licensed nur: RESIDENTIAL client's alcohol/drug related dysfunctional behavior, and then E. Medication Control a week REHABI LITATION referring to appropriate aftercare supportive resources. F. Recreation Activities D. Psychiatrist a G. Residence and Dietary by contractec H. Referral and Follow-Up E. Physician on ment Provide chemically dependent clients an extensive (60 days or A. Assessment A. Director longer) therapeutic experience within a residential envi- B. Counseling B. One (1) ti ronment for the purpose of 1) achieving positive major life C. Medication Control counselor for EXTENDED style changes and reducing the need for mood-altering drugs D. Vocational Rehabilitation C. Vocational R REHABILITATION/ and 2) developing the personal coping skills necessary to E. Recreational Activities or by contrac THERAPEUTIC �ncrease the client's acceptance of self-worth and enhancing F. Residence and Dietary D. Psychological COIl41lQUNITY his/her ability to relate to others. G. Referral and Follow-Up vices availabli H. Educational Guidance agreement E. Medical Doc� agreement Provide residential rehabilitative and support services for A. Assessment A. Director individuals with alcohol/drug related problems who are making B. Counseling B. One trained c the transition to a new environment or who are re-entering an C. Vocational Rehabilitation for each 20 cl RESIDENTIAL old environment that is not immediately available or advisable. D. Recreational Activities C. Vocational R INTERMEDIATE Clients are accepted by referral and, for the most part, have E. Medication Control or by contrac CARE received treatment and now need supportive services in order F. Residence and Dietary to make the transition to an independent community living G. Referral and Follow-Up situation. , H. Employment Counseling �� Services 1, A. Outreach �rogram — To provide assessment and A. Assessment A. Director short-term counseling to those who manifest inappropri- B. Short-Term Counseling B. One trained c ate alcohol/drug related behavior and are in need of C. Referral for each 40 cl services on a"short-term basis. Short-term counseling D. Education includes intervention and appropriate referral. B. Iniensive Nonresidential Treatment Program —To provide A. Assessment A. Director OUTPATIENT scheduled, time-limited therapeutic services on a non-res- g, Counseling B. One trained c PROGRAMS idential basis, to individuals whose physical, social and C. Referral for each 15 cl psychological status allows them to function in their usual D. Fotlow-Up community environment, but whose alcohol and/or drug taking behavior causes problems to himself or others in A. Counseling Services A. Director the home,employment or community setting. g, Referral B. One trained c C. Aftercare Pro rams—To provide supportive and indi- C. Follow-Up for each 40 cl vidualize counsZing services to chemically dependent persons and significant others having completed a formal treatment sequence. APPROVED: OCTOBER 1 � , . THE MINNESOTA ALCOh MINNESOTA CHEMICAL � MINNESOTA COUNCIL O _ � MINNESOTA INSURANCI ST.PAUL—RAMSEY COU •- DRUGPROBLEMS HOLY FAMILY RESIDENCE LITTLE SISTERS OF THE POOR Ninety Wilkin Street St. Paul, Minnesota 55102 Phone (612)224-4371 TO WHOM IT MAY CONCERN We regret the fact that none of the Sisters or Staff cannot be present personally with the West 7th Street Co�unity. However, we wi�h zt to go on record that we are in complete concurrence with the Coffinunity'' s representatives regarding our objection to the proposed use of the Wilder Building as an alcoholic treatment facility. � Signed � /�� ,c,� ADMINISTRATOR . . .�,- f� , J r. , p... %� � ,��` '�w� �� . '� •r I. � , � — .. �� ,� �� ' - ,� -, . , _ .�- .. . ' ;, . , -�� " . . ,� c, M , . � � . . . .: . /S . � 1 � '.-t .. q . � , . { '.. . . ... � '.. . . " , y ..., . 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'',�"�`',�'��r��'°"�r � s� � , : .� ��d , , , i .� � � � � � ' - - .•- J*��"�� k 1 � � �'� � � �� , ,. . � � � . ' " `�" � �� f"" . , - : � �;�: r : , _ � • � a - . 1 � � � � � ��.' !9'. .� +�'j , ��' � �,��.'�' !��Irili�� ' �'�►';� '�F � �� . ;�� . r r � �� ., . .,. • - ,. .:� � �, , - � :.: , � " '�. ...� . , . . . , . .... . .• , . i � -� � �` .,� , :.: . ..' , . . , , .�_ . , . 5. . .� , • . � -��. �° ir�► 'rli�-� ��rw�`� ��N��' � � . � �� . . � ., .. : . , . . . , , , - .. . , . ,. , . . ,. , . , . . ,. � . . � . : .. . ' �+�"�'�' � �� . . �: _ , : � ,� , . � �;', � � � . , , �' �'#. , _ � iY , � / '-- , , . _ ., , . .. . �. ' . ... , .. . . .., ' .. _. - , ..: y '�. • ' ... � � ,r . . . - ..: . � r . ' M . .. .. � _. � + � . . t . I . � . � �� . � . � � .. .�y �� ,.r�t ' � x`r� 1 _ r . . . � ` �� a r: 4 ° \ � � . . � 1 � � � y �t� �;��'�'- . . - . . '/_ ��.. . . �+ % .��!.:�.. . � . . , . . ' .� � ..�, ' � " .. � � �\ - � . � , � �� , .. . . . �. . . -. .. . , . � ,..:. , , . ,-�. . . . . . � %. i . . , � ,�. �� - �� - ' � � � . " . ��, � ` � • ' , " �� ,,,�� C, . ; �` . �� ,�� " _ ��; { � � .. . , . � ... � � � � . iaS s "�i '� � ' _ � � �� ,�. , . ; / , � . �� , .. ' , . ! .. .. , �� ._ .� ��;. , , '�1 . . � � . , . . . . . . . . - ( \ , �� y �atr•�X�. y u < < ; � y . � . . . . � .. .� � � ,.� � , �_� . ' { � �, . _ , . , . ., i .. ,...-, , .. . .n.a WEST 7,THE STREE2r' FEDERATION 175 S. Western St. Paul� r� 55�02 �«;tJuly 5� 1979` St. Paul City Council President Syl�ester � ; �;_� c�o City Clerk City Hall ;�; rr:;� �, St. Paul� MN 55101 ` . ',. � , , ; ' =' RE: Shoreview Treatment Center, File # 8166 Dear Sir� The Sest 7th Federation wishes to appeal the action taken by the St. Paul Board of Zoning 9�peal�: at their meeting on June 21� 197?� subsequently approved at their meetin� on June 27� 19?7� concerning zoning file number 8166, We requeet a public hearing on this clecision as w� feel the evidence was not f�l].y eonsidered. We also request that the City Council consider refunding the second $50 required to file this appeal. Sincerely� `� � West th Federation (representing mer�bers of the Federation from the Leech—McBoal neighborhood� Becky Yust, �ecretary �� r CITY OF ST. PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ASSESSMENT DIVISION 113 CITY HALL ST.PAUI,MINNESOTA 55102 .Iuly 15, 1977 File X1921, Fage Dear Citizen: As a courtesy to you, and as required by law, we want to notify you about . a public hearing which may affect you. The Council of the City of St. Paul will hold a public hearing in the Council Chambers of the City Hall and Court House (third floor) at 10:00 a.m. on July 28, 1977 on the App"eal of the West Seventh Street Federation to a d�ecision of the Board of Zoning Appeals, with respect to the application of Shoreview Treatment Center for an administrative review of the property located on the northwest corner of McBoal Street and Leech Street. The property is described as follows: Lots 12, 13 and 14, Samuel Leeches Addition to the Town of Saint Paul, Minnesota Territory. If you would like further information about this hearing, contact the Current Planning Section of the Planning Board, 421 Wabasha Street, or telephone 298-4I54. While the City Charter requires that we notify you of the hearing, we want to help you ta Iearn fully about any action that could affect you or your community. Therefore, I sfncerely hope you can attend this hearing, so that yau can make your views about it known to the City Council, whether for or against. ."r , ° .�. WIL�IAM�DQ�If344�1�N' VALUATION� AND ASSESSMENT ENGINEER ♦ • � . . BOARD OF ZONING CITY OF SAINT pAUL ' OFFICE OF THE MAYOR CITY PLANNING DONALD L. SPAID AIP July 27, 1977 PLANNING COORDINATOR Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: This is written in response to the appeal of the West Seventh Federation of a decision of the Board of Zoning Appeals to uphold the Planning Commission's determination that the Shoreview Treatment Center is similar to a boarding and lodging facility and not a residential treatment facility. The property is located on the northwest corner of Leech and McBoal , and is described as Lots 12 thru 14, Block 5, Leech's Addition. The Current Planning & Zoning Committee considered this matter at its 3-24-77 meeting. The applicant wishes to convert an existing Wilder Day Care building to a proposed boarding and lodging facility. The applicant could not proceed with the conversion until a determination was made as to whether the proposed use was a boarding and lodging facility or a group home, since a residential treatment facility is within 1/4 mile of the site and the Zoning Code forbids residential treatment facilities being within 1/4 mile of each other. The Committee, after discussing the matter with the applicant and staff, by a vote of 4 to 0, found that the proposed use was a boarding and lodging facility. On 3-25-77 the Planning Commission confirmed the determination of the Current Planning & Zoning Committee, by a vote of 14 to 0 with one abstention. The West Seventh Federation appealed the decision of the Planning Comnission to the Board of Zoning Appeals. The Board of Zoning Appeals considered this matter at their 6-21-77 meeting. After hearing testimony for and against, a motion that the Planning Comnission erred in its determination that the proposed facility is similar to a boarding and lodging house, failed on a 2 to 2 roll call vote with one abstention. Inasmuch as the motion to overturn the Planning Comnission's decision was not passed, the Board of Zoning Appeals upheld the Planning Commission's determination. This matter is scheduled to be heard by the Saint Paul City Council on July 28, 1977. Yours very truly, Roge Ryan City anner RR/gf Zoning file #8166 421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151 �o . "` f ' � � N�F�%'l i� ,^ :a f't •'v `,y � �; ' i� - ��, y. . . � � � • � • , . t�3�_ ,h ��Y;l��4k./�w.'�:.��;.a�y�,i'., :*r ,y��,�'�!'��•�:4�.`�a{�� , . � y . PLANNING BQARD STAFF REPORT June 21, 1977 � � � Ylac !!ap 6 . . 1. APPLICAMf'S NA1� : West 7th Federation 8� 2, CLASSIFICATION : � Amendment � App��l � pe��t � Oth�r � � 3. PURPOSE � Appeal of Planning Commission pecision . 4. LOCATION . ' ' 73 Leech St. at McBoal S. I.EGAL DESCxIPTION : LOtS 12-14, B10Ck 5, Leech's Addn. � 6. PRESSNT ZONING: RM-2 7. PURSUANT TO Zoaing Code Chapter: 64.203 . ��t�oa: P�rs�r�ph: 8. STAFF INVESTIGATION & RBpOxT= Dato: 6-14-77 gy; �SB A. PURPOSE: This is an appeal of a decision made b the Planning C�aamissior�. The �omn�s�'on found that the faci 1 i t t�e a m 73 Leech Street is similar to a boardin�SOr lyodStn�ehouser�The Wt Center at 9 9 9 est 7th Federation believes this is an error and that the proposed facility is more )ike a mission. B. HISTORY• This determination of similar use was made by the Current Pl�r�ning and on ng �annittee on March 24, 1977. This was not a. pub.]ic hearing and neighbors were �not infot^�ned. The Committee voted unanima��ly that the p�^oposed use waa similar to a boarding and lodging facility. The Canmitt4e's decision was � unanimously approved at the Planning Comnission's rpeeting on March 25, 1977. The minutes of those meetings are attached. Section 64.203 states that appeals for administrative reviews must be made � within 30 days after the decision has been served. The appeal by the West 7th Federation was received by the Current Planning offi�es June 6, 1977. The ' City Attorney's office should determine if their appeal is valid. C. DEFINITIONS: The following terms are defined in the zoning ordinance: Section 60.310 Boardin or Lod in House: A building designed fo� or used for a single-family or two- am y we ng and containing guest rooms where lodging, with or without meals, is provided for compensation on a weekly or monthly basis. Section 60.318 Nursin Home or Boardin Care Home: A structure with sleeping rooms, where persons are ouse or o ge an are furnished with meals, nursing, and medical care. Section 60.338 Grou Home, Residential : A building or structure where perspns reside for purposes o reTiaTiTi�on, treatment. or special care, and which is not a Comnunity Residential Facility as defined in Section 60.316(1), herein. Such persons may be orphaned, suffer chemical or emoti,onal impairment, or suffer social maladjustment or dependency. Section 60.393 Mission: A non-profit, charitable, or religious organization providing board ng an /or lodging and ancillary services on its premises to primarily indigent, needy, homeless or transient pers�ons. � • "_" ... .�w. ,, r.�.Jr.�+YL..... •_. . , - . ..'. "I. R'S�.4:.hy,�'�i • � � � _ • i � ' WEST 7TH FEDERATION P�ge � , D• FINDIfVGS; 1. The building for the proposed facility rras built as a d has never been used as a single family home, q boarding andrlod�i�rh�nd is defined as a one or two family dwelling. 9 9 ouse 2. The proposed facility is not similar to a boarding ca� �o�� as ther no medical care. . e i s . 3• As shown in the minutes, the Shoreview staffperson des the proposed facility as "persons who have been in �i��p��t��ters af Detoxification Center, who are beyond treatrnent aad whp are ippel,est � cases because of brain dama ge or lack of will." The proposed use appears to be most similar to a residential group home or a mission. Neith these uses would. be permitted at Leech and McBoal. er of 4• Because the users wt11 pay for an overr�ight stay in the ro it may be that it is similar to a motel, a permitted usepinpa�a facility� or the transient residential uses permitted in a B-4 district.s 3 district, E• CONCLUSIONS: The Board mu;t decide the following: 1• Can this appeal be heard, as the appeal was filed after the 30 d 2. Is the facility's offering board and lodging to ag�.ou " o ay �imit? something other than a residential group hane or mission?f a1coholics , . � �', �i'. .Ey,u��°' ... . _s ;4�� ,,�. � � � �:¢��.tl�5d"`�`t , , � . . . � '��`'., ., • • � , . � , . ' 'I . • , PLANNING COMMISSION OF ST. PAUL 421 Wabasha St. Paul . Minnesota 55102 A meeting of the Planning Comnission of the City of St. Paul , Minnesota was held March , 25, 1977. at 9:00 a.m. in the City Planning Conference Room at 421 Wabasha� .St. Paul . ' Minnesota. � Present: Mmes. Grittner, Mayne, McGinley� Montgom�ery, Norton, and Piccolo; Messrs. Feder, Grais, Bryan, Hanggl . Hunmer. McDonell . Pangal, Prifrel , Sherwood, and Tobler. � . • Absent: Mrs. Cochrane; Messrs. Stege�eller, Van Hoef, and Willits. � � Also present: Rose Mix, City Clerk; Gene Gonway. pistrict 14; Mike Eggum, Public � � Works; John Kelly� Dispatch; L. Jung, C. McGuire, �. Kercheval , M. • McAvey, D. Spaid of planning staff. The Planning Comnission at its March 25, 1971 meeting took the following actlon: APPROVED the minutes of it6 March 11 , 1977 meeting. Motion was made by Mr. Sherwood. seconded by Mrs. Piccolo, and carried unanimously. Mrs. Carolyn Grittner was sworn in as a Planning Cammission mdnber by City C1@rk Rose . Mix. Mr. Bryan, Chairman of Current Planning Comnittee, announced the petition for rezoning properties west of I-35E between Hyacinth and Clear is being changed by the applicant and will be considered at a later date. APPROUED, by unanimous roll call .vote, a motion made by Mr. Bryan, seconded by Mr.• Sherwood, that the proposed use of property at the northwest corner of Leech and McBoal as a boarding and lodging facility is similar to other uses permitted in the zoning district and the proposed use is determined to be a permitted use. APPROVED, by a roll call vote of 14 ayes and 1 abstention, a motion made by Mr. Bryan, seconded by Mr. Sherwood, finding that the proposed use as an outpatient treatment facility, requested by the Shoreview Treatment Center, for a part of the property at the northwest corner of Leech and McBoal does not constitute an accessory use under the zoning ordinance and is thereby prohibited. Mrs. Norton, as Chairman of the Steering Comnittee, and Greg Haupt of planning staff presented the proposed capital expenditure proposal evaluation sheet. APPROVED a motion by Mr. Numner, seconded by Mr. Pangal , to change the word "incorporated" to "use" in the last paragraph of a proposed resolution regarding capital expenditure � project review by a voice vote of 13 to 2. By RESOLUTION (71-8) agreed to base planning review of proposed capital expenditure projects on considerations relatinc� to adopted plans and policies; development program- ming; economic, social and environmental impacts; and equity, and ask that these considerations be used in the CIB Committee rating process. ';eSJa"rW•P � .. • .. _ .. ��u..! F .�al'... �1 y� .. �� r. . r � S '",�"' � . . ��••�i�+�i�� .w -� . � . � " . ,P., �..a.� r^,. . . . � - . . , �6: �, � . � ,�.� +� �• � . � . � � � �� . . , ti. !.r 4.tC.{'� . : � ,;: � � � ,r. � , ..t �.�' . . ' . ' � , , , . . • � • • � . , ��'. . • F' �' . ' .. 1 ' � ' . , � . . MlNUTkS OF T►i� cuRRENT P�Ar�N1NG � ZoNiNG COMMITTEE ME�7ING QN � MnRCH 24, 1977 1N CITY P�ANNING OFFICES�. ST. PAUL, MtNNESOTA � � � PRESENT: Messrs. Hununer� Sherwood. Willits and Bryan of the Current Planning d, Zuninci Conriiittte; Mr. Thomas Sipkins, Assistdnt C1ty pttorney; Mr. Richard or cne Division of Ilousing & Buiiding Code Enforcement; IreSgpS. McGulre and�n� � . ��d Ms. Fox uf the Pla��nin9 Staff. . - ' , SHOREVIEW TREATMENT CENTER �8099 : Detera�lnation qf Simildr use and �p�{��' , � Condition Use - propert,y at nort west cQrner,af ��h end MIG8pa1. � - �. � `� ° The appellant was present. There was no o � ' ' � ppasitio�. , Mr. Jung read the staff report. , - � • `�', ' � ? Mr. Lyle Tollefson, staff person for the �twrevielv��Trea�,�t��Cen�er, +�anl�:.forward and said he needed a def9nition of a grp�p, hp�,� . Then he s�id`�t 1s th�,ir con- tention that their program does not fall undet►�'tha� C1ASSific�tion, .bu�sis strictly� a board and lodging facility. He said they"have � vt�f^y, Se�.�t'�gr0 'He. then. described Che activities and aims of the center, sayinq 1t wot�ld b��us�d for �p outpatient proqram, and that group mee�ings wQU1.d ti�e. hqld �f 10 or �2 peQp�e on occasion. . Mr. Bryan remarked that it seemed to him the Committee must decide wheth�r the ' center is just board and lodqinq, and whether hayinq qroup meeting� is cansidered� therapeutic. ��r. Tollefson said there are two distinct programs with no connection between each. The outpatierit program is strictly as overflow of ShorQView Tredtment Center on Sherman and people living there are not going to use it. In answer to a yuestion concerning residents of the center, Mr. Tollefson said these are persons wl�o have been in the Ramsey County Detoxification Center, who are beyond treatment and are hopless cases because of brdin damage or lack qf will . Mr. Sherwood asked if Mr. Tollefson would call them terminal , and Mr. Tollefson said ti�Py are terminal as long as they continue drinking. He said there wil] be a live-in counselor and a n�aintenance man, but they are on their own and can come and go as they please. He said comnunal meals, TV, and d recreation roan are provided, which are vital factors. "1r. Willits and Mr. Tollefson then discussed the question of whether this could be considered a c�roup home. Mr. Tollefson said there is no treatment and that residents are taken to Ramsey if there is a medical problem. He said they are not staffing the facility with people who are medically trained, and the � � counselor will serve mainly as house manager. ) Mr. Hurrmer questioned the cade terms of a group haAe reqardinq rehabilitation, etc. Mr. Willits and Mr. Sherwood both questioned Mr. Tollefson as to movement of residents and whether a change in proqram would mean the state statutes miqht have some effect. Mr. Tollefson said the hane is to serve the population that is there and there is no concept of using the buildinq for anything less. Mr. aney said the state is required to notify the co�amunity af license proqrams and consequently his department receives these notiflcations. He said if � • + . ,..,.ra.�,s.a..�,s�c�fw�ais�.�Jtl►�..MY^..Atb-a'.. :u�.�r: Ys .. � ,... . ..� ��r��M . . . ,•�f►.� • ' • . ' tr•r. � . 1 �r I . . . . �.I �i1%,��. • , ' ,'t . "Y4 r�..,� � .• , ' . � . . . , . ' !..j}? :J r , ' , ., ,^'�. ShorE�view TreaUnent Center ° ' � Page 2 , . t�iNY r•NCeive notification from the state that d program under their aus ices tu be initiated ir� this particular building, . it wauld come under a roup w�� +cc�rdin_y to his deNartment's assumption. Without the notificetiong p h� �wt mak� that assumption. • �hey co41d . Mr. Siphins said accessory use should be read clearly, but he would leave it up tu Mr. lollefson whether it was a board and lqdging facllity. If not, outp$tient use should be in an OS-1 district. Mr. Willits asked if outpatient treatment would require license by the .st$te.ap � Mr. Sipkins said yes, d Mr. Toliefson said the program is licensed under ShQrevisw� �nd Mr, qme s�id . the license at Shoreview is issued to the building on S�n�th Ayenye. Ti� state ►vould have to inform them for zoning purpqse; pf �� us� th�gy ).iG�n�e,. , '� Mr, McGuire said if accessory to hospital , outpatlent �treat�nt 1s permit#,ed in RM-2 zoning. Mr. Bryan said the main purpose is �o decide if the princlpal use is board �nd lodging vs, residential group home. 7hen can outpatient program be accesspry to ti�e board and lodging use? Mr. Hummer moved that the board and lodging would not classify under residential group home and that is all the Committee can find, The motion was seconded by Mr. Willits and passed unanimously 4-0. Mr. Hunmer then made a motion that since the primary use is not a group home, an outpatient treatment facility would not qualify as an accessory use at this location. 7he rnotion was seconded by Mr. Willits and passed unanimously. Submitted by: Approved by: �[GL1�f r< <<' J _/`�y" , Ir � � ' � - Laurence J. Jung ��' � � ' •" � Jdmes Bryan, Cfiairman ; , � �lAD`I-MA�GULIS CO. ST.�AUL.MINN. � ��tate of �If�tnc�cota, Ramse ss. cou,�ty of_- -- - - - - - - - � -.._. -y ---------- --�--- Jean $. Berman _ , being first duly sworn, deposes and says ....____ ... -- -- -- -- --- ------- -- -- ��--- -----5- - --- _ -------- - -�-�-----�- --------------�------------- - that on_ _------------- ------ --- �-- - - , �s. ----- , - Re----------- June � ---.-.--he seraed the attached--------•---SO�U 1011-•-••----•-•--•--•----------------••....----••-•-- ��- - ................ ---- - - ------ -- ----------�--- -- --._ . . - - --- --- upon ---._.West---7th..Fesier.a�i_on-----------�------------------------------------------------------------------•--•- nttorneY- for_ -- -- - --- _ -._ - --- - - - -- - ---- - --� �-•-- -----:- --�- ---------------------•--•••---------...-••--•--••-•.....---•-•-••-•--bY placing a true and correct copy thereoJ in an enaelope addressed as follows: 175 S. Western Avenue, St. Paul , Minn. 55102 (which u the last known address o/ said attorney) and '1iw � ' s ' i�.i�lt�.ys'�,�t,rfes�t.si4. --------- ---- ------------- ---------, n ��y �el�ver�ng'�it ��rtto�t�ie above a�dress ae- -�-�--P�ul- �----------- --� -- - �"��d� . Subscribed nnd sworn to be r '..��1�►yu► Q �p� dayof.--••---��•�-- •-•--- �. - �(rp - ---iOX -�..�`�•-.�1 LI.YY.�:4�Y.1/ .. ............ .. ...._. ---••-...-•••-•---.....-•---- �� NOTARY PUBl1C•MINNESOTA -•-----••--•---•••--....."_. RAMSEY COUNTY � . �'/ ��.-r pAy!'omm:s�ion ExD�res Seot.28. 1981 ; .,�r•e«R+w Vr�rVVwhwr++++w�'p1►�^9M!'�'�IN x , -------=-�- ----- ---------------------------- -------------- - ..--------�--�---.1Voea�y � city of saint paul board of zoning appeals resolution zonir�g �ile number_ 8166 date ----- - �T�------ -� WHEREAS, on March 25, 1977 The Planning Carmission fdund that the facility pro- posed by Shoreview Treatment Center for the property at 73 Leech Street (Lots 12 through 14, Block 5, Leech's Addition) is similar to a boarding and lodging house, and WHEREAS, there was no public notification of this hearing, and WHEREAS, the West 7th Federation, a community organization representing neighbor- ing properties, have applied for appeal to an administrative order under the provisions of Chapter 64.205(a) and 64.206. as per their application, attached hereto as Exhibit A, and WHEREAS, Section 64.203 requires that appeals for administrative reviews must be made within 30 days after the decisio n appealed from shall have been served upon the owner of the subject property, and WHEREAS, the St. Paul Board of Zoning Appeals conducted a public hearing on June 21 , 1977 pursuant to said appeal and in accordance with Section 64.203(a) of the Legislative Code, and WHEREAS, the St. Paul Board of Zoning Appeals, based upon evidence presented at the public hearing, as reflected in the minutes attached hereto as Exhibit B, made the following findings of fact: 1 . There was no public notification of the Planning Commission's decision in this matter. 2. The West 7th Federation were first informed of the proposed use when construction began on May 17, 1977 at 73 Leech Street. 3. The West 7th Federation appeal was received by the City Planning Office on June 6, 1977. NOW, THEREFORE, BE IT RESOLVED, by the St. Paul Board of Zoning Appeals that inasmuch as the appeal was filed within 30 days of the appellant's being informed of the Planning Comnission's decision, the Board will hear the West 7th Federation appeal for an administrative review. moved by Grai s _ seconded by Fi slxnnan_ _ i n favor 5 against � city of saint paul board of zoning appeals resofution zoning file number 8166 (��-(�-� __June 27, 1977 ------- WHEREAS, on March 25, 1977 The Planning Camiission found that the facility proposed by Shoreview Treatment Center for the property at 13 Leech Street (Lots 12 through 14, Block 5, Leech's Addition) is similar to a boarding and lodging house, and WHEREAS, the West 7th Federation, a comnunity organization representing neighboring properties, have applied for appeal to an administrative order under the provisions of Chapter 64.205(a) and 64.206, as per their appli- cation, attached hereto as Exhibit A, and WHEREAS, the St. Paul Board of Zoning Appeals conducted a public hearing on June 21 , 1977 pursuant to said appeal and in accordance with Section 64.203(a) of the Legislative Code, and WHEREAS, a motion that the Planning Commission erred in its determination that the proposed facility is similar to a boarding and lodging house failed on a 2 to 2 roll call vote with one abstention; NOW, THEREFORE, BE IT RESOLVED, by the St. Paul Board of Zoning Appeals that, under the authority of the City's Legislative Code, Chapter 64.206, inasmuch as the motion to overturn the Planning Caimission's decision was not passed, the Board upholds the Planning Corranission's determination. This is reflected in the minutes attached hereto as Exhibit B. moved by Hummer seconded by Grai s T i n favor 5 against o . • � ' i-- ' • APPI ATION fQR 20NING OROINANCE Va^INCE . ��' �� CITY OF SAINT PAUL e A ZONING BOARD ~,�� 8 .7 1 A VARIANCE OF ZONING COOE CHAPTER.fQ�„ SECTION.i,I'�pARAGRAPH I 15 �!�!D IN CONFORMITY WITH THE PO ERS VESTED IN THE ZONING BOARD TO PERMIT THE�fQ I�I1�'?EATiI�' �// ON PROPERTY ; DESCRIBED BELOW. IA. Applicont; NAME:.,,�F T� � - �p�v no�� i �" � I ADDRESSI7,S� S /�/�'tT�'�� 1• Prop�rty int�r�st of opplieanf: (own�r, confraN purchas�r, �tc.) �vmrr��,rui7Y ORGANIZ,y770,v�pi=,c�ESE�vT)NG p� - 2. Nam� of own�r (if diFhr�nt) SNOREIIJ�E�1/ 7REpTi17/�`/1/r �/r/�,f�'� B. Prop��ty D�scription; ADDRESS 1. L�yal dsscription: LOT �" BLOCK_,�,'� ADD. � 2. lot siss: � �uic � 3. Prsssnt Us• �UrI•r Pr�s�nt Zoninp Dist.��,��_ C. R� Rs wst: �� , 1. P�oposed uss - i� 1�.. li . � I1 iJ� � 2. What charactsristics of the propsrty prsv�e�"F�� • �'�'• ,�i1�� . ;.. usss in your zons? ��;�kf �a �f� fa a�r f�th• psrmitt�d 3. How do th• obovs sit• eonditions p vent ony rsosonabls s of our ths terms of the Zoninp Ordinanct? Y property under 4. Stote fh� specific variation questsd,giving dista c�s whsrs appropriote. I � 5. Explain how your ca conforms to each of s followy�y: � o. That the strict pplication of ths pro sions of ths Zoninp Ordinonc• would �esult in psculiar or xceptionol procticai ifficultiss, w exe�ptional undu� I�a�dships. I b. That t yrantiny of a variane will n t b� a substantiol d• i• CASNIERS USE ONLY I ment, to ths public good a suba'tanfial impairment o fhs � intent and pu�poss the Zoninp Ordinonce. ��.. 6��°�0 I ��8R�1� � o,�. � � z . �' � 50. �E � $ignaturo — �L✓�� 'T Case Number Date Rscsiv�d i , � . � � �•s. e, June 3, 1977 Zoning Board of Appeals 421 Wabasha Street Saint Paul , Minnesota 55102 We the West Seventh Federation organization respectfully request an administrative review of the determinat�ton of the Current Planning Committee as reflected in the minutes of the March 24, 1977 meeting. Specifically, the action moved by Mr. Humer that the boarding and lodging (inferred; as described by Mr, Tolefson in the same minutes) would not classify under residential group home. It is our contention that Mr. Tolefson's statements indicate that the use is as defined in the Zoning Code as a "Mission" and, as such, would be allowed in a B-5 or I-1 district only. ;��(%`��, .��%-:�>;>_� , � Bec�ky/Yu�t, Secretary 175�. Western Avenue West Seventh Federation � ��I��" �j` y�' b� � � Y yy YY� �y � . . ' L� . . / . � � . �1 �,��,ry��. � a • MINUTES OF THE MEETING OF THE BOARD OF zONING APPEALS ON TUESDAY, JUNE 21 , 1971 IN CITY �OUNCIL CHAM$ERS, ST. PAUL ' PRESENT• Mnes. Zachary and Morton, and Messrs. Fishman, Grais and Hwm�er of the Boar o Zoning Appeals; Mr. Philip Byrne, Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Building Code Enforcement; Mnes. Berman, Fearnside and Fox of the Planning Staff. WEST 7TH FEDERATION #8166): An appeal of a decision made by the Planning Commission regar ing� o�review reatment Center at 73 Leech Street. The appellant was present. There wds opposition. Ms. Jean Berman read the Staff Report. Mr. Byrne referred to Section 64.203 of the Zoning Ordinance and said that:.�e Board must decide whether West 7th Federation is affeeted by the facility. H� said that the Board could apply a fairly liberal test in their deEision. The West 7th Federation did not meet the terms of the requirements regard�ng 30 days for an appeal � according to Mr. Byrne, and he 5aid the City Attorney's office held the view that the Board could read into that 30 day period a 30 day notice requirement. He ex- plained that notice to affected persons could be actual (meaning being notified) and conclusive (meaning notice that they should have received or the law would presume they should have received in public notice such as newspapers, etc. ) Mr. B rne said the Board should decide 1 ) if they want to listen �o West 7th Federation 2� did West 7th Federation file their appeal on time, and 3) are they affected. Mr. Byrne added that whatever the decision of the Board, eith+er party may appeal to the City Council . Ms. Morton stated that the Board must determine whether they were going to hear the appeal . Mr. Grais asked whether the Planning Staff had talked with both sides regarding timing. Ms. Berman then read a letter from William M. Mahlum, Attorney, regarding time limitation, and said her understanding from West 7th Federat�on was that the first they had heard of the matter was when Shoreview came to talk with them. Ms. Becky Yust, 256 Goodrich, secretary of the West 7th Federation, said the Federation is made up of the entire comnunity and had passed the hat at a comnunity meeting in order to obtain the $50 filing fee for the appeal . She said that in regard to the March 24, 1977 Planning Comnission (CP&ZC) meeting, no requirement existed for the Federation to be told about it. She said that on May 17th neighbors acrnss the � street noticed workmen in the building at Shoreview and went over to ask what was happening, and two days later the comrnunity meeting was held where Shoreviaw talked with them. She then explained the sequence of comnunity meetings which had been held and said the Federation filed their appeal within 2 weeks of the time they heard about the matter. Ms. Morton asked for specific names of persons listed as members in West 7th Federation who actually live within the 350 foot notification area, and Ms. Yust then gave two names. Mr, Byrne then said the Board could hear representatives of each side. Mr. Larry Meuwessin, 914 Cargill Bldg. , Minneapolis, attorney working with William Mahlum, representing Shoreview Treatment Center, discussed the question of whether or not West 7th Federation was an affected party. He said the application in March was . ; ` � . . ' . . . � I . � 'fi^ . West 7th Federation Page 2 for a Special Condition Use Permit to use part of the building as accessory to their facility down the street, Victory House. He said this appeal for Special Condition Use was denied, and Shoreview was the only one affected by the denial. West 7th Federation had no interest in that property and could not apply for that permit so could not appeal and are not affected, he said,. Regarding the .time element, Mr. Meuwessin said the property owner who appl#ed for tbe Special Condition Use Permit was Shoreview, and there was no requi,rement that the decision be served on anyone else. He said West 7th Federation hdd a victory when the permit was denied, so the law did not say they had to be notified of the decision. Me said they still have to go by the 30 day limitntion requirement regarding when the decision was served on the property owner. ' Mr. Byrne then explained that the Planning Commisslon's. de�lsiol� was on a simtlar use determination as to whether this facility was aike A mi�ssion, a residential group home, or a board 8� lodging facility, and they determined it was similar to a board & lodging facility. He said that what is b�ing appealed by West 7th Federation is whether the board & lodging decision was appropriate. not the Special Condition Use Permit. ' Ms. Berman then explained that the original decision of the Plapning Commission was for a similar use determination and special condition use. She said the original request had two parts -- board & lodging and outpatiGnt. She said the Planning Corrmission found board & lodging similar, but determined ttt�t an outpatient facility was not an accessory use. She told of how Shoreview had almost put throu�h an appeal at the last hearing of the Board of Zoning Appeals, but had withdrawn the�r appeal before the meeting. Mr. Grais wanted to know if the �oard of Zoning Appeals decided to hear the case whether a legal case would be inade, or if an appeal could be made because of this decision, and Mr. Byrne answered yes. He said the Board could refUse to hear the West 7th Federation and this would then go to City Council . He added that if the Board changed the similar use determination, Shoreview would go to City Council . In answer to a question of wording regarding notification time from Mr. Hummer, Mr. Byrne said that where a decision undertaken by the Planning Comnission does affect persons who are not served with notice of that decision, they should be entitled to appeal wittiin 30 days after they receive notice. Mr. Byrne also stated that an extremely long delay in appealing might lead one to be�ieve that you could dismiss the appeal and say they should have known, that it was there for them to see 60 days after appeal . He said that Section 64.209 says the Planning Commission should notify affected persons but this was not done. Ms. Berman explained th�it the Planning Comnission meeting is a public meeting but not all the items on thz agenda have public notification, and that some things the Current Planning & Zoi�ing Committee does, such as special condition use permits and determinations of similar use, have no notification in our early warning notifi- cation system. She said the Planning Corrnnission does not send out agendas to the early warning system. Mr. Fishman then made a motion that West 7th Federation is in fact an affected party and that the Board should hear their appeal . The motion was seconded by Ms. Zachary and passed on a 6 to 0 roll call vote, ` ' '�1 • . � i . . �i' � : . � � Y�. - 1.��.�. , . . 1 . . .�., 1,,,�;� , � : ' West 7th Federation � - Page 3 Ms. Bermar� then re-read the findings and definitlons from the staff report. Mr. Amey said there are two definitions of a •boarding house in �he City's Legislative Code, one for zoning and one for licensing.purposes. Mr. if this additional definition would help them� they were freentotuse inein�their�t consideration. Mr. Amey read the licensing definition, which does not include the restriction that it be in a 1 or 2 family structure. The zoning defin�tlon says � boarding.b lodging facility must be in a 1 or 2 family structure residentia] district. Mr. Amey said he had difficulty under��ding that frqnian administrative point of view. ' Ms. Becky Ust then said that the Legislative Code sa�ys they qre required to board there one week or more and Shoreview people are not confined there for any perlod of time. She then distributed a packet to the Board mem6ers and :explained what was .in it. She said the corr�nunity did not know about the Shor.eview matter until May l7th and if the comnunity had known, they would not have needed the present hearing. She added that she hopes the City looks at the�r notification �ystem. Ms. Leona McKay, 202 Mc6oa1 Street, said that they have �ived very cOmfortably in their home up until now. She said the first they knew about what was happening was when a neighbor's son brought the notice from the newspaper over to them. She read a letter from a resident of 208 McBoal registering ob3ection to Shoreview and said a11 the neighbors are up in the air about it. She then presented a petition signed by neighbors. Ms. Elizabeth Venditti, 240 (�yan Ave. , said she lived in a ]25 year old home and wanted to keep Irvine Park the way it always was. She said the neighborhood is up to code and she wants everyone and their children to remain safe. � Ms. Ann Kashula, 90 Leech St. , said she was very much against Shoreview. She said that in the last few weeks there have been 5 or 6 homes remodeled, including hers, and she wants the community left as is. She said she has lived in the community for 28� years. Mr. Charles J. Hudgins, 250 W. 7th St. , said he has his gallery at 250 W. 7th, and he lives over his shop, within 350 feet of the Shoreview site. He said the Ramsey House is on his property, arid he has a feel for the bistoric value of this area to the City of St. Paul . He said Irvine Park restoration has young peo. le working day and night to upgrade the area, and it is exciting to see the reclamation of an important part of the City of St. Paul that has been allowed over the years to become a slum area. He said there is a cMronic alcoholism problem in the area now and they do not need 22 additional people in a mission to further the problem. He referred to the Civic Center, Salvation Arrr�y, and Little Sisters of the Poor being in the area and serving as help in treating alcoholics. He said free house and free bed does not help alcoholics, and as a former alcoholic himself, he knew the situation. He also referred to conditions in the area such as bad language by drunks, panhandling, etc. He asked the Board to help� clear the area of these problems and he said helpless and hopeless alcoholics won't help the area one bit. Another resident said he is 27 years old and has lived there for 2 years. He said he has lots of money invested and does not want, it to go down the drain. , . . West lth Federation ' ' Page 4 " Mr. Brad Johnson, a realtor, 3902 Lomac Hill , deve]opers of Upper Landing, said the� are investing one million dollars in that neighborhood, hoping �o bring in young I people. They fear for their real estate investment. His feeling was that Shoreview is not in a category of board and lodging facllity. He thought the Board should find in favor of the p�aintiffs because the use does not meet the city code. Mr. David Thune, 26 Irvine Park, said the neighborhood feels this is a misslon to give shelter and is not a boarding house. He said t,hey do not need a mission and have problems now with people lying in the st�eet. The ne�3ghborhood is being bui1L up, he said, and this would be no way to helpt the neighborhood,. Ms. Becky Yust returned and said the Federation feels they have a concentration ofi treatment centers. She said if it were a treatment hane, zoqing would not �ermit it, so they call themselves board & lodging �acility. She Gontended that �his �ra5 _not for just anybody, but is for chronic alcoholics from d�tpx.. She said Shoreview� wil�l screen them and bring them to their neighborhood. There are bars and 1lquor s�tores on West 7th nearby, the said, and they have an alcohol problem there alreac�y. She said Shoreview claims they follow the AA program, and she dsked if this is not treatment? She said they claim to have a live-in cotrnselor, and she asked why a counselor instead of a janitor? She said �here are other service f�cili�ies and treatment homes and they do not need another one. Sk� felt �this would be a detriment to their comnunity. She said a woman representing Little Sisters of the Poor had to leave the hearing and go home, but this woman intended to say �hat her concern was with the Salvation Army and Victory House operated by Shoreview nearby and why that high a concentration should be put into the s�me conmunity. Mr. Larry Meuwessin returned and said that people fran the West 7th Community Center who voted in favor of Shoreview had to leave due to the lateness of the hour, but Lyle Tollefson was still there and would speak. He talked about the state definition of a lodging house. He said people at Shoreview are free to come and go, but they pay and therefore meet requirements of a boarding house. He said the zoning code definition of a boarding house is a one or two family structure with room for additional lodgers, but this is only permitted in multi family areas. A miss9on has religious overtones, he said, and there is no intention to do that at Shoreview. They have any number of documents calling this a boarding & lodging facility. The only reason they are at the hearing is because they made the original application for a special condition use permit, and sociological arguments from neighbors have no place here. Mr. Lyle Tollefson, Director of Victory House, 55 N. Smith St. , said he is on the staff of Shoreview. He said no resident of 55 N. Smith in 3� years has ever caused any trouble. Legalities interfere with knowing about the people who are really affected, . he said, mainly the tenants. He reacted to the spec`ific complaints of neighbors who had spoken at this hearing, and said no movement has been made to get rid of the bars in the area, that AA is a way of life and a philosophy, not a treatment, that Shoreview is not a mission because they are not a charitable institution and people pay on a month to month basis and are free to come and o as the 9 y please. Regarding people lying in the streets, paramedics should be called, rather than let them lie there. � Mr. Tollefson then spoke of Shoreview's program and said S�oreview gives the chronic alcoholic a place to live. He said he does not believe any alcoholic is ever hopeless and he resented the fact that money was discussed when th� fate of people is involved. He said Shoreview is not a religious organizatiqn, and would provide a room and board and lodging faciltty. 1 � . . . „��A , ' . . . . � � '� I� l � . • ' West 7th Federation Page S Mr. Grais asked where these people would go if they did not heve Shorevitw, �nd Mr.-� � Tollefson said they sleep in the parks. Ne said that to get into the new project, on; has to have been in detox 5 times. Some are not employble, but sane younger ones are. He spoke of an open luncheon where Shoreview had invited everyone to cane and see the facility. He said hopeless cases are in state institutions, and everyone in Shoreview has been in detox. � Ms. Morton asked what happened if someone drank while in Shoreview--would they be able to come back but would go into detox? Mr. Tollefson said they Would go to detox. Ms. Becky Yust said there was a board in the carmunity which supported Shoreview, the West Side Ramsey Action Program. She said, in her opinion. Shoreview is a non-profit organization, and therefore qualifies as a mission. Mr. Meuwessin said this is between a mission and a boarding 8� lodging facility. Shore- view will not provide the ancillary services of a miss�on. There are additional benefits by group living, he said. He discussed the program at Shoreview, saying treat�nent is a warm room, nutritious meals, etc. Ms. Berman then read the March 24, 1977 staff report written by Charles McGuire. Mr. Fishman then made a motion that the Planning Commission erred in �ts finding. He said, ". . . After all the hearings and after all is said a�d done, �, deep down, you know, I have very mixed feelings about the controversy. I want West 7th Federation to know that -- that I think what this facility is doing is a tremendous thing, and I 'm kinda sad in some ways to hear some of the things I 've heard today. However, in honesty, m.y motion states that I feel that the Planning Comnission erred in its finding, and from what I hear, this approaches more, in ir�y mind, a group home residential . I so move." Mr. Fishman's motion was seconded by Ms. Zachary. Mr. Grais then said, "I've got to abstain. I've got very mixed feelings on this. I was chairman of the Governor's Corrnnission on Drug Abuse; I was chairman of the Welfare Board, and I was on the Ramsey County Mental Health Board. I know the need to take care of people like this. I know that every neighborhood says it should be in averybody else's neighborhood, and yet if you don't take care of them, what are you going to do with them? And yet I sympathize with the people on West 7th Street, and I 'm �ust torn. I 've got to abstain." Mr. Hummer said, "I would have to vote no, because I was part of the Planning Commission determination, and I don't think that they did anything wrong." Ms. Zachary said, "I am voting yes, and I 'll tell you why I am voting yes, and that is because we were asked to determine what kind of home this was, and based on testimony on both sides, it is clear to me that it is a group hane. I also have a lot of empathy for the need for treatment. I am not against that. All we were asked to do today was define what type of home it was and that is all we were asked to do, and I vote yes. " Mr. Fishman said, "I concur with Sam tremendously, but I vote yes." Ms. Morton said, "I vote no, on the basis that the Planning Conmission did not err. I did not hear any testimony today that would substantiate that this wa$ not a boarding and lodging home.° The motion failed on a roll call vote of 2 to 2, with one abstention and with Mr. Humner and Ms. Morton dissenting. Submitted by: Approved by: Jean. S. Berman Glac�ys Morton, Chairman ` � r , � , PLANNING BQARD STAFF REPORT March 24, 1911 � ; Plat l�lap 6 809� i. APPLICANT'S NAME . Shoreview Treatment Center 2. CLASSIFICATION . � Amendment � Appeal � Permit � Qther 3. PURPOSE . Special Condition� Use and Determination of Simi ar se 4. LOCATION • Northwest corner of Leech and McBoal s. LEGAL DESCRIPTION : Lots12 thru 14, Block 5, Leech's Addition 6. PRESENT ZONING: RM-2 7. PURSUANT TO Zoning Cade Chapter: 62 Section: 114 Paragraph: 8. STAFF INVESTIGATION & REPORT: Date: 3_��_�� BY� CLMcG A. PROPOSAL: The applicant proposes to convert the existing Wilder Day Care Bu�ing to a board and lodging facility which will also house offices for an outpatient treatment program for the Shoreview Treatment Center located on Smith, according to their letter of March 3, 1977. Under the conditions imposed by the RM-2 zoning district (60.452b), accessory uses are permitted in the district. Information provided by the appellant's letter and in follow up telephone conversations leaves substantial doubt in the minds of administrative staff as to the exact status of the proposed uses of the property. Staff is therefore requesting that the Planning Commission determine the following: 1 . Whether or not the proposed boarding and lodging fecility falls under the definition of a group home according to Section 60.338 of the Zoning Code. a) If yes, then they cannot develop as there is another residential treatment facility witbin 1/4 mile of this site. b) If no, then development can proceed. 2. Whether or not the "outpatient treatment facilities" proposed by the developer constitute an accessory use as defined under Section 60.302 of the Zoning Code. a) If yes, then the proposed development will include outpatient counselling. b) If no, then the development can only be for a board and lodging facility. _ _ , � ' � '' � Shoreview Treatment Center Page 2 In making its decision, the Board of Zoning Appeals should limit the subject matter of the hearing and testimony to the sub�ect of Planning Commission error in the denial of the special condition use request. Attachment I: Minutes of the Current Planning & Zoning Committee meeting of 3-24-77 including Planning Staff request and letter of original application. Attachment II: Planning Commission minutes of 3-25-77 together with memorand�nn from Staff. 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