The URL can be used to link to this page

04-307Council File # �� Crreen Sheet # �� 3 Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date � 1 WEiEREAS, on or about October 23, 2003, 7udith Essiing and Essling's Home Plus, 2 Inc., duly filed an appeal, from an administrative order from the deparhnent of license, 3 inspections and environmental protection (hereinafter, "LIEP") dated September 22, 2003, in 4 which City's zoning administrator ordered the removal of one of the kitchens in a building 5 commonly known as 2187 Bonnie Lane and requested a hearing befare the Board of Zoning 6 Appeals (hereinafter, the `BZA") for the purpose of appealing the administrative determinaYion 7 of the zoning administrator pursuant to the provisions of Legislative Code § 64.204(a); and 8 \ 9 WHEREAS, on November 24, 2�03, pursuant to Legislative Code § 64.205(a) and upon 10 written notice, the BZA conducted a publio, hearing on the said appeal where all persons 11 interested were given an opportunity to be Heard; and 12 13 WHEREAS, on November 24, 2Q03; BZA, at the conclusion of the public hearing 14 and based upon all the files, records, testimony and the report of staff, denied the said appeal 15 based upon the following reasons as set forth i'n BZA Resolution No. 03-381592 dated 16 November 24, 2003: 17 � 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1. In 1990, the applicant obtained a buildiri,g permit to construct a single family home on this site. In 1992, the City received a coinplaint that this house was converted to a duplex. An inspection of the house revealed that a separate dweliing had been established in the lower level of the house and was being rented out. The unit consisted of a kitchen, bathroom, living room and three bedrooms. The applicant was ordered to vacate the dwelling unit on the lower level and return the house to a single family dwelling. In 1993, the lower unit was vacated and the applicant stated her intention to use the house as a single family home. Earlier that year, the City received another complaint that the house was again being used as a duplex. An inspection of the house on September 19, 2003, revealed that there were again two complete dwelling units in the building. The lower level, with a kitchen, bathroom and bedrooms, clearly meets the definition of a dwelling unit as does the upper levels of the building which also contain a kitchen, bathroom and bedrooms. 2. The house is being used as a Freestanding Foster Caze home. Adult foster care is a permitted use in this zoning district. Under state law, a single family home may be licensed as an adult foster care for five (S) residents. (Nfinn. Stat. § 256B.0919, Subd. 1.) This building cunently has two separate licenses (five under each license) issued by the Ramsey County Human Services Department for adult foster care for a total of ten (10) facility residents. These licenses seem to indicate that under state statutes and county licensing rules, the licenses were issued to a building containing two separate dwelling units. 1 3. The orders issued on September 19, 2003, do not require the appellant to discontinue ��-�, 2 adult foster caze at this location. The orders only require the appellant to comply with the 3 zoning regulafions regarding the number of dwelling units allowed in this single faxnily 4 zoning district. After the kitchen is removed from the lower unit, the home would still be 5 l:censed for adult foster care. The City's order to remove the kitchen and reduce the 6 number of dwelling units in the building does not violate state or federal laws or rules. 7 8 4. The appellant sets forth in her appeal certain claims to legal nonconfomung status for the 9 use of the building as a duplex. Under Section 62.102(n legal nonconformiug status may 10 only be granted by the Planning Commission provided that the Commission makes ll certain findings. However, that is a separate procedure and unless the Plauning 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Commission grants a nonconforming use pernut pursuant to this section, the use cannot be legally nonconfornung. The claim of legal nonconforming status must be pursued through the proper channels and is not germane to this appeal. WHEREAS, on or about December 9, 2Q03 and pursuant to Legislative Code § 64.206, the Esslings filed an appeal from the BZA decision and requested a public hearing before the Council of the City of Saint Paul; and WHEREAS, acting pursuant to Leg. Code §§ 64.205 - 64.208, and upon notice to affected parties, a pubiic hearing was duly conducted by the Council of the City of Saint Paul on January 7, 2004, where all interested parties were given an opportunity to be heard; and WHEREAS, The Council, having heard the statements made, and having considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby RESOLVE, That the Council of the City of Saint Paul does hereby uphold the BZA decision in this matter as the appeilant has failed to establish and errors in fact, finding or procedures on the part of the BZA; and Page 2 of 3 D4.-"30� BE IT FURTHER RESOLVED, that the appeal of 7udith Essling and Essling's Home Plus, Inc. is hereby denied, the decision of the BZA in this matter is upheld and the Council hereby adopts the reasoning of the BZA as its own; and BE IT FTNALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to the appellants, the plauning and zoning administrators and to the BZA. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green She t� Depar6nenUoffiee/council: Date initiated: �P -L�ce��mu��t �-�-� Green Sheet NO: 3013195 CoMact Person & Phone: ��ent Sent 7o Person Initi Pete� Wamet � 0 ic o os nviron Pso Z �� Assign 1 ic nse/Ins ctiou/EnvironPro De artme tDirecto Must Be on Couneil Agenda by (Date): Number Z �� 3 -G� �• y For Rouf3ng 3 a or's Offi Ma or/ASSistaot Ofdef 4 ouocil 5 i Clerk Ci C1erk Tota{ # of Signature Pag� _(qip Alf Locations for Signature) Action Requested: Approvai of a Resolution memorializing a City Council decision January 7, 2004 which denied an appeal of the decision of the Boazd of Zoning Appeals regazding 2187 Bonzue Lane. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this perso�rtn ever worked under a contrad for this depaRment? CIB Committee Yes No' Civil Service Commission 2. Has this persoNfum ever been a city emp4oyee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any cuRent city employee? , Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who,, What, When, Where, Why): The Board of Zoning Appeals conducted a public hearing on I3ovember 24, 2003, where the appellant was appealing a decision by the Zoning Administrator in LIEP to de-convert the building at 2187 Bonnie Lane from a duplex into a single family home. The BZA upheld the decision of the Zoning Admiuistrator and the owner of 2187 Bonnie Lane appealed that decision to the City Council. The Ciry Council then upheld and affinned the decision of the Board of Zoning Appeals and of the Zoning Administrator. Advantages !f Approved: , , DisadvanWpeslfApproved: �iQtt�°s^it �^y,�^.__. . , - - � Disadvatrtages If Not Approved: Total Amount of CosURevenue Budgeted: " Transaction: Fundinp Source: Activity Number: Financial Infortnation: (Expiain) O�-�3b7 CTI'Y OF SAINT PAUL Nmidy C. Ketl1; Maya� December 9, 2003 Ms. Mary Erickson Counc� Reseazch Office Room 310 City Hall Saint Paul, MN. 55102 Dear Ms. Erickson: OFFICE OF LICENSE, INSPECITONS AND ENVIltONMENfAL PROTECCION Rnger C. Cw1i.s, Dbecror IAWRPPROFFSSIONALBUIl.D7NG 1'e%phane: 651-Z66-9090 350 Sk P4o Street, SwYe 300 Fusimile: 65t-266-9124 sm,crax.r.a�re„eaorasnoz-ulo wee: ,vww.ci..rtpmd.nm.u.z/riep I would 1�1ce to confirm thak a public heazing before the City Coimcil is scheduled for Wednesday, 7anuary 7, 20�for the following zonmg case: •..- .� Zonmg File #: Judith Essling, 2187 Boimie Lane 03-381592 Purpose: Appeal a decision of the Boazd of Zoning Appeals denymg an appeal of the Zoning Admmistrator's order to remove the second dwelling tmit from the house at 2187 Botmie Lane. Location: 5ta� District 1 Board: 2187 Bonnie Lane. Recommended denial. Recommended approval but later withdrew the recommendation. Denied on a 7- 0 vote. I have conScmed this date with the office of Council Member Kathy Lantry. My imderstanding is that this public hearing request will appeaz on the agenda of the Ciry Council aY your earliest convenience and that you will publish notice of the hearmg in tixe Saint Paul Legal Ledger. Thanks S'II1CCI0�' Jolm Hardwick, Zonmg Specia]ist AA-ADA-EEO Employei <`'� N01YCE OF PUBIdC HEARIN(F � g..5aint Pa � CuI 3ty Council will con- duct a public hearing ori Wedneaday,:Taa- uary 7, 2004, at 5:30, p.m_ in the Council.Ghambers� 14�ird F'loor, City Iial} to.consider Lhe appeai ofJudith Essling to a decision of the Board of Zoningpippeals denying an appeal ofthe ZoningAri:..;n;n_ ttato�'s order to remwe the second dwell- ing anit &om the house at 2187 Bonnie .Iane.� - . � Dated: December 9, 2003 " ._ Me1RY ER[C'�i,SON, . �. AsslstantCity �ouncif Seoreta[y - � . . (�ecember 11) � 81:� PAOL f.E(tN. tFDUBR a2mssio :> ; , 0�-30� OFFICE OF LICE:�7SE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger C. Curtis, Director SA[!FT PATF L � AARA � CITY OF SAL�iT P gL� P,antly C. ?ielly, dlayar December 9, 2003 Ms. Mary Erickson Council Research Office Room 310 City Hall Saint Pau1,1�I�Ti . 55102 Dear Ms. Erickson: LO'NBYPP,OFESSiON.4L2UI�Dl.'JG Teiephone. 6�.-?66-9090 s�0 S[. Peter Strzet, Suire 30Q F¢csimile: 65!-?56-9!?d Sain!Paid,:�+lin�tesota,iJ702-ISlO ti'eb: :s��.:v.cistpauZ.mn.iuniep I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, January 7, 2004 for the following zoning case: Appellant: Zoning File #: Judith Essling, 2187 Bonnie Lane 03-381592 Purpose: Appeal a decision of the Board of Zoning Appeals denying an appeal of the Zoning Administrator's order to remove the second dwelling unit fi�om the house at 2187 Bonnie Lane. Location: Staf£ District 1: Board: 2187 Bonnie Lane. Recommended deniai. Recornmended approval but later withdrew the recommendation. Denied on a 7- 0 vote. I have confirmed trus date with the office of Councit Member Kathy Lantry. My understanding is that this public hearing request wil7 appear on the agenda of the City Council at your earliest convenience and that you will pubiish notice of the hearing in the Saint Paul Lega1 Ledger. Thanks ! Sincerel� � � i �. s . �� ;-�`.� ��in Hardwick, Zonine Specialist AA-ADA-EEO E�pioye: py 307 ',�P�LICATiUN ��R APp,_Ad. Department o, j�laarnang a�ad Ec�nomic Development Zaning Sa:7ion l�oo cuy �rarr�sn,� zs �v�r�� sr��r Sains Patt� :Ylti' S5302-1534 (631) 26b-S589 � Pi20PERTY L�C'a.T�Q�+$ Znniag srF�ice us� aniy �iie�t?�—�l0�`�l� � ��: '�,��.� Tentat'tue �earing Date: _ /�� - Name �uditn Essling znd Essling's Home Plus, Inc. ��u 2187 Bonnie Lane Ci3y St. Paul SL NN Zip 552I9 flaytime Pho�e b51-735-7259 Zsar�ing Fiie Nams Leonard Cak Nills No. 5, Zot 13 Rlk 1 Addressli.ncation 2187 Bonnie Lane, St, Pau1, :SN 55119 " TYPE OF APP�: Apglication is hereby made fo� an appeai to 3he: � Board �f Zaning dppeals � City CouncEt ta), Cc), l3nder �he provisian oi Cha�ter S4, Sec3io:� Z � Aaragraph ( a) of the Zoraing Code, io ap�ea! e decision made by fhe Board of Zonine 9�eals pubiic Hearino on Navemher 24 . . �iieYumber: 03-381592 {da2e ofi decisior.) GRf3LDNDS �flZ AP�£.4L; Expiain why ycsu fiee3 4here 3aas been an errar in any requiremen8, permit, decisiora or refusal made by an administrative otficial, ar an esror in faci, �rocedure or finding mad� by the Boan7 0# Zoning Appeais ar the Pianning Comtnission. Please see attached letter. ta4tach additional sheet i# ne�essary) :�opiicant'sSignaiure � r/ � _,..�Da#e _�'� - �'�%`.? ►� J i Cify Agen! ,<- � 5 �_ . i : ; . � r -- ' ° .� ;�� f .��; f r , ;..:._�_` T >.r.amev5 �x La�+ .. ��mrtec l:acdrtr Partne ;n. � -� RIDER �E\�£TT �33 �ovrh Se•�e-'v.:ttzec S�::e =CO� :�i;ar.escc. =. \�i\ "-Ut December 8, 2003 VIA 13ESSENGE3Z Janeen E. Rosas Director of Office of License, Inspections and Environmental Protection City of Saint Paui Zoning AdministraTion Lowry Professional Building 350 St. PeYer Street, Suite 300 Saint Paul, MN 55102 John Hardwick Zoning Specialist City of Saint Paul Zoning Administration I,owry Professional Buiiding 350 St. Peter Street, Suite 300 Saint Paul,lViitiT 55102 Re: Appiication for Appeal to City Council far � 2187 Bonnie Lane Our File No.: 19433.R29732 Deaz Mr. Hardwick and Ms. Rosas: TimothvJ- Voian (612);40-891! qnoian�-ideriaw.com I represent Essling's Homes Plus, Inc. and Judith Essiing ("the Esslings") in regard to their longstanding operation of an adult foster caze program at 2187 Bonnie Lane ("Property") in Saint PauL This letter is in responsa to the Saint Paul Board of Zoning Appeals' ("Board") denial af the Esslinbs' appeal on November 24, 2003. Attached are the following documents (1 j a copy of Mr. Hardwick's letter of SepTember 2�, 2003 ("Order") ordering the Esslings to destroy their kitchen; (2) a copy of the Esslings' Application for Appeal and Request for Administrative Review hy the Saint Paui Board of Zoning; (3} the $oard's Findings of Fact {"Resolution") dated Novembe: 24, 2003; (4) documents from the 1992 investigation by the City of St Paul Zoning l�epartment showing that the Esslings camplied with a13 requests and, �rther, that the City did not consider the existence of a second kitchen ta censtitute a second dweiling uniT; and (�) numerous letters of support far the Esslings' foster care home at 2187 Bonnie Lane. The City's flrder and the Board's Resolution thaT the E�slin�s remove a kitchen in their home is a violation oi both state and federal law. The Zonin� Adnlinistrator decided that ihe second kitchen meant the property has two dwelling units, and the Board affirmed the order to "remove one of the unizs." The puraose oi this ietter is to (1) explain why the City's Zenin� Deuas^�snent and the Board hace made e: in iheir Order and Resolution and (2} request that the City Council ove:kurn the Beard so that tha Essiings may continue to use their home as is. � o�-3a"7 ;z�znror.e. c:2.3sp. eo�n c� .... ......�: a:v.cor.. n .� O`�-3o1 12�n�x B�v��a, L�.� 7aneen E. Rosas Tohn Hudwick December 8, 2003 Page 2 In �/1:. Hardwic!�'s letter of September Z5, 2003, in which he ordered the Esslin�s io remove their second kitchen at 2187 Bonnie Lane, he stated, "You have a new house unde: construction at 2170 Snawshoe Lane. I have not inspected thaY building but these same requirements regarding the number of dwelling ursts and kitchens anpiy to that honse as well." It is the Esslings' posiTion that t�e City's refusat to allew a second kitchen, or even a sink, in the lower level of Snowshoe Lane is also a violarion of The state and fe3eral law, ,•`or the same reasons discussed below in regard to 2187 Bonnie Lane. For scheduling reasons, we respect�lly request that the City Council's public hearing reguding this appeal be held on Wednesday, January 7, 2004. ANALYSIS ?• i3�e Board's Finrl:ng t3f Fact #i ��carrecily �harac#erizes The �roperty As '°Two Cornple#e D�veiling UnSts." � St. Paul's Le�slative Code 60.204 (d) defines a dwelling unit as "a building, oz poz therzof, designed for occupancy by one family for residantial puzposes used or intended to be � used for living, sleeping and c�oking or ea2in; putposes." A"dwelling uuit, two-famity" is defined as a"buildin� desi�ed exclusively for or occupied by no more than two {2) families living indebendentiv of each o#her in two (2) sepazate dwellin� units." id. {Emphasis added). The property at 2187 Bonnie Lane is nat, as the Board of Zoning Appeals stated, "hvo complere dwelling units" or a two-family dwelling unit. As a matter of law and fact, ihe Bonn:e Lane building is not designed for "two families living independently" and is not comprised of "rivo separate dweIlin� units" as the ordinance defines "dwetling unit, two-family.° The building at 2187 Bonnie Lane is a bi-level, split foyer single-family home. There is one front door into an er�erv ioyer with stairs leading up and down. There is no wall, door, Iock or barrier separaUng the two floors. The floor plan is not comprised of "two separate dwelling units" for independent living. The house was built and functions as a single-family unit. There aze two kitchens in the home. However, there is noYhing in the St. Paul Zoning Code that states a singie-family home cannot have two kitchens. In fact, the City of SY. Paul Irnew, as far back as 1992, that ?he:e was a second lcitchen in the home yet the City dici not order the removal of the kitchen then. Canversely, there is nothin� in tke St. Paul Zoning Code that specificaily states that a building, just because it does have two kitchens, is a duplex. Further indications that the home is a single-family dwelling inciude the following: ihe City records and Ramsey County property tax records both i�entify the house as a single-fasnily dwelling. There is only one address, noi Two separate addresses or unit nu�-nbers. There is only � ene �as and eie�trc meter and ntility service is set up for the preperty as a s�ngie-family � .I � � RIDe:iB2�hE:': Oy�-3o7 RIDER BE�iNETT, LLP • Janeen E. Rosas J ohn Hardwick December 8, 200� PaQe 3 residence. In short, the Boaxd of Zonin� ?.ppeals incanectly conc?uded that ihe house has "two comDlete dwelling units." In September 1992, the City of St. Paul Zoning Admirristration inspected the Esslin�s' home at 2187 Bonnie Lane and saw that the basement walkout nad a second kitchen, a living room, a bathroom, and three bedrooms. In October 199�, the Zoning Administration ordered the removal of the lock on a door separatin� the basement from the upper level. The Zoning Administration did not order the removal of the kitchen. On January 4, 1993, the Zonin� Administration reinspecTed the home, saw the lock had been removed, and determined the code violation had been eliminate3. The complaint was closed. The second �itchen remained, with the fuil knowledge and approval of the Zoning Administration. A copy of the documentation of the 1992-1993 inspection is attached. 2. The �ma�d's �'inding t3f �'ac# #2 Is Irrelevant �'a i�,'hether The Esslings i_13ay Have A 3econd Kitchen In Their Sangle-faanily Iiome. The Boa:d correctly recognizes that adult foster care is a permitted use in the R-LL � zoning district in which the Property is located. However, whether the property owners are licensed for adult foster care is irre:evant #o the City's order That the Esslings remove one of their kitchens. The entire licensing issue is beyond the jurisdiction of the City's police power and should not be used as a factor of analysis, as it has been in F3nding of Fact �#2. Regardless of wheYher the Esslings have one or iwo adult foster caze licenses, the Esslings are entitled to have a second kitchen an Yheir singie-family home. To deny them the right to keep improvements which have been in their home since 1992, when suraly oTher single-family homes in the City have similar second kitchens, is a discriminatary denial af the Esslings' due process rights. 3. The Boarrl's �'inding Of �'ac# #3 Y�olates The Fair I�onsing Aniendment Act. In the Boud's Finding of Fact #3, the Board states, "The City's order to remove the kitchen and reduce the number of dwelling �anits in the building does not violate staTe or federal laws or rules." This conclusion is incorrect. By ordering the Essiings to remove their second kitchen, the City is violating its duTy to make a reasonable accommodation in accordance with tne requirements of ihe Federal Fair Housing Amendment Act of 1988. The Fair Housing AmendmenYs Act of 1988 (hereinafrer the "FH�A") Pub. L. No. 100- 43Q, 102 5tat. 1619, codified at 42 U.S.C. § 3602 (2fl00), et• seq. extends the protection of the federal fair housing law to persons wzth disabilities. The Fair Housing Amendment Act provides that it is unlawful: � (� (1) To discriminate ir the sale or rer.tal, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap oi — ,-- � � � Rrnexa�.�ve:r o'f-3o� ��x ��vrrr �'a, �.�,1' Janeen E. Rosas Joh.z Hardwics December 8, 2003 Page 4 (A) that buyer ar renter; {B) a person residing in or intending to reside in that dwelling after it is so so1d, rented, or made avaiIable; or (C) any pers�n associated with tlzat buyer or renter. {2) To tiiscriminate agair.st any person in the temis, ecnditions or priviteges of sale or rentai of a dweliin�, or in ihe provision of services or facilities in connection with such dweiling, because of a handicap of— (A) thatpe:son; or (B) a person residing in or inYending Yo reside in that dwelling after it is so sold, rented, or made available; or (C) any persan associated with that person. a2 u.s.c. § s6o4t� t2000�. � The FHAA requires defendants inc�uc3ing municipalities, to make "reasona'aie � accommodations in rules, palicies, practicas, or services," when such acconmodations wonld enabie a person with disabilities to use and enjoy the dwelling where he or she chooses to live. Id. at (3){B). The FHAA defines a disability as "(1) a physical or mentai impairmen# wluch substantially limits one or more of such a person's major life activitzes, {2) a record of having such an impairment, or (3) being regarded as having such an impairment." 4� U.S.C. � 3602(b). The term "disabilities" has been construed to include the elderly. See, e.�.. Hovsons. I�c. v. Townshiu of Brick, 89 F.3d 1095 (3 Cir. (N.J.) 1996). The residents aT 2187 Bonnie Lane are frail senior cifizens, all of whom are non-ambulatory, and aze therefore "disabied" far purposes of the �IAA. They have availed themseives of the residen#ia1 care services provided 'oy the Esslings because they are not capabie of independent living, but are not so incapacitated as to require either hospitalizarion or institutionalized nursing home care. A Minnesota Court of Appeals case issued last week supports the position that the. �sslings are entitie� to the reasonable accommodation of a second kitchan. The Nlinnesota Court of Appeals has held ihat "the FHAA requires a municipality to �ant a waiver of a zonina ordinance where the waiver is capable of enhancing a disabled gerson's qualiry of life by ame3iorating the efiects of the disability while �ot imposm� undue financial or adminis�ative bwdens on the municipality and is needed to allaw disabled people the same opportunity to live in a nei�hborhaod as people withoui disabilities." Citizens for a Balanced City v. Plymouth Con�eQational Chwch 4'.W.2d _, No. A03-190, 2003 WL 22846093 (Minn. App. 17ecember 2, 20C3) (see attached). � � 1 ,� � R.JEx3=x2+eT: (�f-30�7 RIDER BEtivETT, LI.P � 7aneen E. Rosas John riardw�ck Decemoer 8, 200� Pa6e � In that case, t�'�e City of iVlinneapous was �r!ned in its decision to �ant the deiendant Plymouth Nei�borhood Ci!urch Foundation a saacing ordinance, a conditional use pernit, and a maxirnum occupancy variance, ali as a necessary and reasonable accommodation for a supportive permanent housing facility for disabled residents. The Minnesota Court of Appeals considered wheYher the requested accommodation was {i) reasonable, (2} necessary, and (3} one that allowed the residents an eauai opportunity to use and enjoy housing in a specific residential neighborhood of their choice. Id. See also Oconomowoc Residential Pro�rams, Inc. v. Citv of Yiilwaukee 300 F.3d 775 {7 Cir. (Wis.) 2002) (holding that a zoning variance requested by a residential program was reasonable and necessary unde: the FHAA, where the individuals' range of residential living choices was restricted by their disability, and the inc�ividuals could not afford to purchase a home on their own). The necessity for a second kitchen that is easily accessible to ihe frail, elderly residents at 2187 Bonnie Lane is a reasonabie accommodation that the City may not circumvent with its zoning policy. The presence of one kitchen on each floor of the Essling home, to serve the needs of the senior citizens living there, does not impose significant administrative or financial burdens � on the City, nor does it fundamentally alter ihe City's zoning scheme — especially considering that the property at 2187 Bonnie Lane has existed with its cusent improvements and residents for many years already. The home has not changed; the zoning has not changed; nor are The Essiings requesting a zoning change. The Plvmouth Conere�ationai Church court also opined that, under the FHAA guidelines, mere neaghborhood opposition does not constitute an administra#ive burden sufficient to relieve the City's obiigarion to make a reasonable accommodation. Id. citin Chanhassen Estates Residents Ass'n v. Citv of Chanhassen 342 N.W.2d 335, 340 (Minn. 1984). See also Oc�nomowac ResidenYial Pro�rams at 780 (holding that neighbars' objections to the group home on the basis of traffic and parking conditions was not a"si�ificant adverse impact"). The FHAA makes it unlawful to coerce, intimidate, or retaliate against someone for having exercised ri�hts protected by tBe F�LAA. ?2 U.S.C. § 3617. The actions undertaken by the hostile neighbors in the community and the City of St Paul tiu its Fire DeparTmenY and Zoning Department essentially constituTe harassment against the Esslings and their elderly clients. The Esslings have peacefully operated their adult foster program at 2187 Bonnie Lane for years under the current zoning laws obtaining the necessary licenses and complyin� with annual inspections as rzquired for licensins renewal. To have the City now claim that the Esslings must �esuoy their kitchen, evict their Iong-term residents, and ineparably damaae both their home and their business represen?s disparate treattneat violatine anti-discrimination law. Additionally, not only is the Fiading of Fact r3 incorrect based on both stah:Tory law and � case law, bui the manner zn which the conclusion was reached is a violation of dus process and � t � � R:+�ea aErv�<:'r d`f-3a 7 �DEx ��ti�r�T�r, ��,� 3aneen E. Rosas .;can Hardwic:� Deceaiber 8, 2�03 Page 6 an enor oi procedure. FinCting of Fact r3 is a canciusory statement. No 1_egal a�lysis was provided in the Findir; of Fact. At the public hearing, the Board did not discuss or rebut any of the iegal analysis provided by tlle Essiings supportin� their appeai ta ovarium the Citys order to eliminate their kitchen. ?. "T�e Boas �'inding {)f �act �4 Is Erran2aus And Irrelevant. Because the rederai Housing Amendment Act requires the City to reasonably accommodate the disable� elderly residents livzng at 2187 Bonnie Lane, no finding needs to be made regarding whether t�'�e property is legaily nonconforming. In the altemafive, even if a permit for nonconPozming status were to be pursued, it would be for the purpose of establishing the second kitchen as a legal noncanforming improvement to a single-famiiy dwelling, and not, as the Board stated in Pinding of Fact #4, a claim that the building is a legal nanconfomung duplex. Ct)NC'LiJ8It3N The Board of Zoning Appeais erred in aff�ming Yhe Zonin� Administrator's Order. Botn the Order and The Resoiuiion are �iddier� with erors in finding, fact, and procedure. Receni case law snpports the Esslings' position thaT the City cannot order the removal of the second l�tchen. We ask that tue City rzscind its Order of September 25, 3003 that the Esslings remove the second kitchen's a�pliances and sink, cap off the gas line to the stove, cap off the piumbing pipes to the sink, and find replacement housin� for some of fhe residents at 2187 Bonnie Lane. Very truly yaurs, RIDER BElVNETT, LLP : TJN/jmh Enciosures cc wlenc3. by U. S. Mail: 7udith Esslin� Brdget Ess3ing 7on Leir.in�er, Fester Care {A�+ult) Licensin� for Ramsey County � �� 4:GZaBE��S'T �� u �f-3o7 I�IDE32 BE�iNETT. LI,� � 7aneen E. Rosas 3cnn nazdw�ci� Decembe: 8. 2C0� PaQe 7 Karen Kief=er, Supervisor Diyision of Licensine, Viinnesota Department oi Human Services V � � 1069582-7 � �i t � :2:DEZReu:�=_ir � � , J , f / / ,� � . . c��rX a� saIN �auL Randy C. Kelly, �Ytwo� a�e Septembe: 25, 2003 Jud:th Essline 2187 Bonnie Lane St. Paul, M�t. 5� 1 i 9 �... OFFICE OF LIC .E, Pi iSPECTTGNS AND E:YVIRONMc"tV'f.4I, PiiOTECiION Janeen E. Rosas, Director iOWRYPROFESSIQNALBUlLDING Telephone: 651-266-9090 350 Sc PeterSheet, Suite 300 Facsimite: 651-266-4124 SaimPaul,dTmnesat¢551027�10 H'eb: m+rn•_liep.us �: 2187 Bt�nnie 3.ane: Iuspe�Yian �'+indimbs and flrder ta �i�move Second Dwelling Unit Deaz Ms. Essling: This Ietter is a fallow-up to the inspection I conducted of the reierenced proaeriy on September 19, 2003 in response to a complaint the City received regarding tiie number of peopie residing in fhe house. I inspected the property in the presence oi your daughfer Bridget, a representative from the Fire Department and two representatives iror� Ramsey Counfy Human Services Department met us at t� property. The house in question is located in an R-LL (Residetttial Lar�e Lot) zoning district. The house has three Ievels. Located oa the lower level are four bedrooms, a bathro.om and a fulI kitchen. On Yhe middle level are a bedroom, a bathroom and a full kitchen. The upper level has three bedrooms and a bathroom. T was advised that the house is used as an adult foster care faeility that serves ten residents. There is atso a staff person on duty 24 hours a day. R-LL is a single fanaily residential zoning district. Buildings with two or more dwelling units aze not per,nitted in an R-LL district. An aduIt foster care facility, when Iocated within a single family home is a permitted use in an R-LL district. Section 60.204(d) of the City Le�islaiive Code defines a dweiling unit as " A building, or portion thereof desia ed for occupancy by one family for residential purposes used or intended to be used for living, sleepine and cooking or eating purposes." As configured, the house at 2187 Bonnie Lane, with its lower levei group of rooms designed for living, sleepinn and coaking or eating and i#s separate group of rooms designed for living, sleeping ai�d cooking or eating on the second and third leveIs, coastitutes a buiIding wi�h two dweiling units. Therefore, you must remove one oi t:�e kitchens in the build3ng in its entirety. This includes the remo�al of aI! appiiances and the kitchen si�vk. The gas iine for the stove must be properly capped off where it comes tluough the tivall and the piumbine pipes for the sink must aiso be nroperly capped ofi where they co�e ti the waIL li is my understaading that the removal of one of L�e kitchens may result in .he need to find repiacemettt housine ior some of the facility :esidents so I wili allow you � mon�.hs frorn the date of this lef�e: to compiy. �� v _-^,-:�A-cE0 Ernnloye; ; � _ - - -� �- — - o�-so� �,_ � ?_ i 8% Bonnie Lane p�, 2. _. ;-� si pou'oeiieve that this dete.�nination and orde: is in e:ror, �°ou may appeal to t�'�e Board of Zoning AnpeaLs ior an Administraave 2eview._You mus� submit the enciose3 �pplication zor A�peai, speci�ing the �ounds ior the appeal, alor_g with tne appropr.ate iee to t�is o�ce within 30 davs oi the recei�t of this letter. Tne P?anning Commission, foliowing a public hearing, can �ant legal nonconiorming status to noncon�omilin� uses or structures if the coznmission makes certain findings. I have enclosed an application form and information on this process. You have a new house under construct:on at 2170 Snowshoe Lane. i have not inspected that bL:ilding but these same requirements reaardiag fhe number of dwelling units and kitchens apply to that house as well. If you have any questions regarding this letter you may contact me at b51-266-9082 or faY me at 651- 266-9099 or e-mail me at iohn.hardwick(c�ci.st�aul.mn.us. � 4"' � ��Ibhn Hardwick, Zoning Specialist cc: Wendy Lane, Zoning Manager Pat Fish, Fire Inspector Peggy Neagile, License Supervisor Ramsey Caunty Dave Haiey, Executive Assistant Ramsey County � � \. .�A-�.AA-£EO Emnloye: �4�-30? ��Ca�a�� aR a��,a�. I3epat3�tt¢nt of �Iunning and �canoanic ➢evetopmsrst Zoning Section I400 � Ha11'nnex 25 33'est Fourth Sira¢# Saint Prtu�, tYdN SSi02-Z534 {b5l) ZG6-65$9 �". , ,, s t e t+lame Judit:� EssLng and Bssling's 73ome Plus, Inc. �ddress ZIB� Bonnie Lane ��j St. Pau1 $$. �7 Z¢Q 55119 [�aydi►ne }�i7r�rae o51-270-5527 ZanSng�ileName Leonard Oak Aills No. 5, Lot I3 Bik 1 AdsiteSS I i.oc8tion 2187 Bonnie Lane St. Pau1 MN 55114 7YPE C3� AP�EA�: ApplioatSon is 3aereby made iar an appeat to t1ae: �>�oard oi Zoning Appeals � City Councii ta� , Cb). . Under the pravision of Chapder S4, SectSon 204 Paragraph and (c) "afi �he Zoning Code, to appea9 a r3scision made hy�e zoning specialist John Hardwick in the Office of License Inspectione and EnvironmentaZ Protection on September 25 29 03 . Fife Number: Unknown (date of decisiots) GF30l31di3S �i3F3 AP:'�AL: Ex�la'sn w#ay you #eef t8iers has been an error in as�y requ6rement, perentt, dee9sion or r�fusa! �nade by an administrative o!#icial, or an error in fact, procadure or fiinding made by Yhe Soacd of Zon9ng Apgaeais or the Planning Comratissfon. See attached letter. {attach addi8ional s�ee# i# necessary) e .�} � � � ±pp3ioant's Si�rr,ature L1tcA�:��C,-� �� aie �� 3 �3 Ci�+j Agent � D �-307 C� f _�J IDtR bE\\ETT ACwmE°s at Law , uar.e� L:sen,o s33 �outh Cree�:S =a:ec ��_r.r 2C0;; '�E:seaoo�v=.ti1\ 5>LC� r �:, _. _4p .,cM �x��i2.3-'C� . �^v �dr:s«•._o: ; October 23, 2003 YIA �3A t�� I3ELIVEI21' Janeen E. Rosas Director of Office of License, Inspectians and Environmental Protection City of Saint Paul Zoning Administration Lowry Professional Building 350 St. Peter Street, Suite 300 Saint Paul, MN 55102 John Hardwick Zonmg Specialist City of Saint Paul Zoning Administrarion Lowry Professional Building 350 St. Peter Street, Suite 300 Saint Paul, MN 55102 Timothv J Nolan (612)340-3911 tjnolan��:iderlaw com Re: Application ior Appeal and Request for Administrative Review for � 2187 Bonnie Lane Our �i1e No.: 19433.R29732 Dear Mr. Hardwick, iYis. Rosas, and the Board of Zoning Appeals: Please be advised that I represent Essling's Homes Plus, Inc. and Jndith Essiing ("the Esslings") in regard to their longstanding operation of an adult foster care pro�ram aY 2187 Bonnie Lane {"Property") in SainT Paul. This letter is in response to IVIr. Hardwick's letter of September 25, 2Q03 and is an attachment to the Esslings' Application for Appeal and Request for Administrative Review by the Saint Paul Board of Zoning. It is my understandin� that the City of Saint Paul ("City") is attempting to foree the Esslings To destroy the second kitchen aY the Property, which could result in the termination of half their adult foster care program, �hich has operaTed at the Bonnie Lane home for more than 10 years. Such a result wonld represeni obvious and siaiificant harm to my clients and their elderly residents. The City's Order of September 25, 2003 thaT the Esslinas remove a kitchen in their home is a violation of both state and federal law, and is dependent upon an erroneaus interpreTation of the City's own zoning ordinanc�. The purpose of this letter is to establish the Esslings' � for appeal and esplain Gvhy the Ciiy's zoning departmenY has made an error in its order. � � � � 'J� p`� -3a 1 RaDER BENriE�'T, LI.P 3aneen E. Rosas � John �Zardwici Octobar 23, 2003 Page 2 ANAI,YSIS i. 7'he Use af ?i87 33onnie Lane �s a I.awfal �onforming LTse as an AdulY Faster Care Hame and "as � iat a Vioiation of the St. Paui Zoning �ode. The piain language of the Zoxiing Code permits foster care homes as a principal usz for residential zor.es. Saint Paui Zoning Code 60.412{8). While in the September 25, 2003 Ietter the City claims the Esslings' use violates the Code, foster caze homes aze specifically allowed as a permitted use in all residential zones of The City, including the R-LL zone in which the Bonnie Lane property is locate3. See Zoning Code §60.?07 (R-LL shall canform to the uses speczfied in §60.412). ' See also §60.412 (8) and (9) {specifying foster care homes are a permittad principal use). The definirion of a foster home in §60.20b(fl is, a"dwelling unit in which a foster care program that is license3 by the commissioner of human services. .. is operated in the principie residence of ihe license hoide:." Judith Essling does reside at 2? 87 Boruue Lane. A foster care home is thus a legaliy pernutted exception to the general dennition in §6Q?04(d) �vhich VIr. Hardwick quoies in his Ieffer: "A dweIIing unit is 'a buiIding, or portion thereof, desi�ed for , occupancy by one family for residential purpases ..."' According to the glain lanb a�e of the zoning code, tke residents of a"dwel2ing° tznit may be either "one f2mily" or a foster care pro�-�am. The Esslings run a fully licensed foster care program on the Property. Accordin� to the City's zoning laws, �oup homes may locaYe in residentiai azeas as a matter of ri2ht, and are not a prohzbited use. See Costley v. Caromin House 313 :VW2d 21 (Minn. 1981) (hoiding that where group home foliowed all necessary administrative procedures and obtained necessary constmerion permit, the home fulfilled state licensure requirements and therefore must be considered a single-family anit by the c:ty's zoning ordinance). 2. Evan If 21$7 Bon�ie Lane is a Nonconformi�g Use, It ll'iusi Be Allo�erl to Remain As a PreeYistsng iJse. The Minnesoia Supreme Court has made clear that a residentiat zoning ordinance may constitutionally prohibit the creation of uses thaT are nonconfonning, but existing nonconforming uses mnst either be permitTed to remain or elimir.ated by use of eminent dorzain. County of Freeborn v. Ciaussen, 295 Minn. 96, 99, 203 N.W.2d 323, 335 {19'72); Oswalt v. Ramsev Countv, 371 N.W2d 241 (Nlinn. Ct. App. 19$5). The first time the Essli�gs applied for each of their aduit fcster care licenses at 2187 Bonnie Lane, the �Sinnesata Department for Human Services conducted a licensing study � pursuant io Mi.*m. R. 95».612�. T:�e Commissioner oi the Depart.ment of Hu�°nan Serv7ces evaluates the land use plan when consideri�g whethe: te grant a Iicense. See Minn. Stat. §` � 1 ', � � �2iD=ia�:��Er; 0 y-3o7 R�DER $ENNETT� �.LP � Janeen E. Rosas 7chn riardw:ck October 23, 2003 Page 3 24�A.11 Subd. 4. Also, as par: of the licensing study, "at least 30 days before the initiai license issuance date, ihe commissione: shali norify the iocal zoning administrator in the jurisdicTion where The residence is located of the license application." Minn. R. 95�5.6125, Subp. 6. Each time the Esslings applied for and obtained their inirial licenses for adult foster care, the local zon:ng administrator was notified and found no objecrion. The lack of objecrion at the time of application suggests an implicit endorsement that the Property was being used in a manner consistent with not only the State's public policy for elderly residential care but also the City's zoning laws. For over 10 yeazs, the Property has been used far an adult foster care program. During that time, the City Zoning Department and the Ramsey County Community Human Services Department had full disclosure of the Esslings' use of the Property. The use of the P:operty has not changed. The zoning has not changed. No pernuts have been applied for that mighT trigger a zanin� review. Instead, a smail � of hostile nei�hbors have commenced a campaign with the apparent endorsement of the City, to drive the Esslings out of this neighborhooa. To suegest that the Property is now nonconforming is an erroneous application of the City's poiice power. The Property at 3187 Bonnie Lane has two kitchens; however, the Prope: ty operates as a single family dwelling, has one main front door for in�ess and egsess, and is recognized in county property and tax records as a sin�le-faznily residence — not a dupiex. As a single family dweliing, it is a legal nonconforming use and should be perznitted to remain. In the alternative, even if the Property is considered to be a multi-family residential use, it should be allowed to remain as currenYly improved. Accarding to Minn. Stat. § 245A.11 Subd3 any permitted multifarnily dwelling may be used as a group residential facil3ty to house up to 16 residents, even if it is locaied in a single family district. See �enerallv Minn. Stat. § 245A.11, subd. 3. Although a rnunicipality may reqnire a cnndirion or special use permit, such condit;ons imposed may not be more reshictive Than those on other residential properties in the same zone. Id. Surely the City does not mean to suggest that it has never allowed other single family dwellings in residenflal-zone3 neighborhoods to have second partial or fuii kitchens (colloquially termed "mother-in-law" units) as part of #he property's main struciure? 3. In 3'his �ase, the �I�nicipal Zaning Code is Preemg�ted by State i.aw and �olicy. The NlinnesoYa Attorney General has sYated in an opinion Ietter that a municipal zoning code may net restrict liceasable foster care homes by limiYing the number of residents to less than the number pernitted by the state licensing law. Oo.Attv.Gen 477b 34 Cr. 59a-32, Aprii 26, 1952. In that ooinion, the City oi Long Lake had a zoning provision requiring a conditional use permit for bomes providinff foster care far 3 to 5 c'nildren, yet the state law expressly allowed � state-licensed foster care hor to sen-e 4 to o residents �viThout a conditional use pemit. �� L � RtnPxBP�Nnrr D`f-3o7 �D�� :��T, �.L� Janeea E. Rosas John Hardwick October 23, 2403 Page ? The opinion interpreted Minn. Stat. §§245.781 to 245.812, which were the predecessors to the current Minn. Stat. § 2�' SA1 i regulating foster care licensing capacity. The attorney ganerai s#ated, "Municipal zoning ordinances aad codes cannot override state law and policy ,.. If state iaw and the ... zoning ordinance contain pravisions Yhat are ineconcilable with each other, state law prevails and the zoning code provisions aze invalid." Id. 4. Ii' the City EnforcQS Its {�rder t�at the Esslings 3)es#ray Their Secamd Kfitchen, the Esslings T�'i�l �ave a Claim �7nder ihe �'a1� Hausing Amend7sae�is Ac# a�' 1988. � The Fair Housing Amendments Act of 1988 (hereina$e.* the "FHAA") Pub. L. No. 1d0- 430, 102 Stat. 1619, codified at 42 U.S.C. § 3601, et. seq. extended the protection of the federal fair housing Iaw to persons with disabilities. The FHAA prohibits discrimination on the basis of a physical or mental handicap. 42 U.S.C. §3604{f�{1). Saction 3604(�}(1) of the FHAA makes it unlawful to "discriminate in the sale or rental, or to ot�'�e:wise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of (A) thai buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or {C) any person associated with that buyer or renter." Furthermore, Section 3515 of the Fair Housing AcY invalidates "any law of a State, a ° politicai snbdivisian, or other such jiussdiction that pnroorts to require or permit any action that would be a discriminatary housin� practice under this subchapter." 42 U.S.C. §361 S. The FHAA requires defendants to make 'Yeasonable accommodations in rules, policies, practices, or services," when such accommodations would enable a person with disabilities to live where he or she chooses. 42 U.S.0 §3604{�(3){B). The term "disabiliries" has been construed to include the eiderly. See, e.�.. Hovsons, inc. v. Townshi�of Brick, 89 F.3d 1096 (C.A3 (N.7.) 1996). 'The Esslings' adult foster care has eIderIy residents who are nonambuiatory and therefore couid be shown to be disabied. The necessity for a second kitchen ThaY is easily 2ccessi�le To the eiderly residents at 2187 Bonnie Lane is a reasonable accommodarion that the City may not circumvent wiYh its zoning policy. The presence of a second kitchen to serve the needs of the elde:ly residents at ZI87 Bonnie Lane wouid noi impose signincant administrative or financial buzdens on the City, nor would it undemune the zoning scheme — especially considerin� �hat the property has operated with its nnprovem�nts and residents for many years already. Furthermore, Section 3615 of the Fair Housing Act invalidates "any law of a State, a political subdivision, or oYher such jurisdiction that purports to rzquire or permit any acrion that cvould be a discriminatory housing practice under this subchapter." 42 U.S.C. §3615. "`'he F�I�A makes it unlawiui to coerce, intimidate, ar retaliaYe against someone for ; � havin.g exercised rights protected by the FN�A. 42 U.S.C. ��527. The actions une�ertaken by �� 1 � RIDERB°_NV'zT,Y 0�-307 3�3DER $ENNETT, I.LP � Janeen E. Rosas John Hazdwick October 23, 2003 Page � the hostile neighbors in the comnunity and the �ity of St Paul throueh its Fire Department and Zoning Department essentially constitute hazassment against the Esslings and their elderly clients. The Essiings have peaceiully operated their adult foster program at 3187 Bonnie Lane for years under the current zoning laws, obtainin� the necessary licenses and complying wiih annuai inspeations as required for licensing renewal. To bave the City now ciaim tYiat the Esslings must desh�oy their kitchen, evict their lon� Term resideats, and irreparabIy damage their business represeats disparate treahnent violating anti-discriminatian law. 5. I#' the City �nforces Its �rder that the Esslings 73estroy the Sezond Kitchen, the Essli�gs 6'�ill HavE a�'Iaim 3'os an ITnconstitu#fiona� Taking qf Property Wit3�out Just Compensation. The City of St. Paul has attempted fo avoid the cieaz requirements of the Fifth Amendment of the United States Constitution, as applied to the states through the Fourteenth Amendment, by depriving the Esslings of their property rights in their second kitchen used to maintain their licensed adult foster care pro�am. Similarly, the Minnesota Constitution states � thac °[p]rivate property shall not be taken, destroyed or damaged for public use, without just compensation therefore first paifl or secured." lYtinn. Const. art. I, § 23 {amended 1969). The Ariinnesota Supreme Court has consistently interpreted this canstitutional provision to mean that a taking or damaQe can "arise out of any interference by the sta#e with the ownership, possession, enjoyment, or value of private properiy." Johnson v. City of Plymouth, 263 N.W.2d 603, 605 (Minn. 1978). The City's order that the Esslings remove their secand kitchen constitutes a direct and substantial invasion of the Esslinos' property rights and deprives them of the practical enjoyment of their property. If the City forces the Esslings to remove their kitchen, their fostez care license couid be revoked and their adult foster caze program destroyed. The Esslings will have no choice but to seek compensation from the City through inverse condemnation io redress the destrucrion of their kitchea and their foster care program. The Minnesota Supreme Caurt has stated that an inverse condemnaTion claimant can recover when There is "a direcT and substantial invasion of his property righfs" such that he is "deprived of the practical en}oyment of the property" and that "such invasion results in a definite and measurable dirrinution of the market value of the property." Alevizos v. MeLopolitan 9irports Comm'n, 298 Minn. 471, 216 N.W.2d 651 {1974). The Essiings wish to continue the use of their residential prapeay as an adult foster care for the 10 residents who have lived the:e for many years. For the above reasons, we ask thaT the City rescind its Order of September 25, 2003 that the Esslings remove the second kizchen`s � appfiances and sink, cap oi� the �as line to the stove, cag off the piumbing pipes to the sink, and find replacement housina for soLne of tfle residenTs at 2187 Bonnie Lane. �� i � t � R1nEx BeY�IErT D�f -3a7 ��x��N�ET�, �,i.� Janeen E. Rosas Jonn Hardwick October 23, 2093 Pa�e 6 Very truly yours, ?2IDER BENi�1ETT, LLi Timothy 7. Nolan TJN/jmh cc: Judith Essling $ridge# EssIing Jon Leininger, Foster Caze (Adult) Licensing for Ramsey County Karen Kieffer, Supervisor, Division of Licensing, Minnesota Depar[ment of Human Se.�ces ie�isa:-t � � �i l �� BI9£33ENNEST p�-3o7 � C�T�' fl�' � �T'�' ��L BOAIZI3 ��' Zfl�4�� 'P��.S I2ES��,I��'IflN ZL3N�� '�� iUYIBE�; #fl3-381592 I3��: November 24. 2�03 WHEREAS, Judith E. Bssling has anpeale3 a decision of tile Zoning AdminisTrator pursuant the provisions of Sec:ion 6a.204 of the Sain# Panl Le�slative Code determining thaT there are two dwelling uruts in the building at 2187 Bonnie Lane and orde.�ng the removal of one of the units. WFi'EREAS, the Saint Paui Boazd ofZoning Appeals conducted a public hearing on Novembei 21 2003 p to sai� application in accordance with the req_uirements of Section 64.203 of the Legislative Code; and WHEREAS, the Saint Paui Board ofZoning Appeals based upon evidence presenTed at the public hearing, as substantially reflected in the minutes made the fol:owing findings of fact: 1. 7n 1990 the app&cant obtained a building permit to construct a single family home on this site. In 1992 the City received a complaint that #his house was converted to a duplex. An � inspection of the house revealed that a separate dwelling had been estabiished in the lower level oi the house and was being rented out. The unit consisted of a kitchen, batluoom, living room and three bedrooms. The applicant was ordered to vacate the dwelling unit on the lower level and retun the house to a single family dweIling. In 1993 the lower unit was vacated and the applicant stated her intention to use the house as a singie family home. Earlier this year the City received another compliant that the house was again being used as a dnplex. An inspectior. of the house on September 19, 2003 revealed that there were again two complete dwelling units in ffie building. The lower level, with a kitchen, bathroom and bedrooms, clearly meets the defirition of a dwelling urrit as does the upper levels of the building which also cont�in a ldtchen, bathroom and bedrooms. Z. The house is being used as a Freestanding Foster Care hone. Adlil: foster care is a pe::�i±ted use in this zaning district. Under state law, a single family home may be licensed as an adult foster care for five (5) residents, (Nlinn. Stat. § 25b$.09I9, Snbd. l.} This building currentIy has two separate licenses {five nnde: each license) issued By the Ramsey County Human Services Department for adult foster caze for a total of ten (10) facility residents. These licenses seem to indicaTe that under staTe sTatutes and counry licensing rules, the licenses were issued to a buildine containing iwo separate dweiling units. 3. The orders issued on September 29, 2003 do not require the appellant to discontinue adult foster carz at this locarion. The orders only require the appellant to cor>iply wi#h the zoning regulations regardin� the number of dwelling units allowad in this sinsle family zonin� � disu-ict. ,�iker tl�e k:tchen is rerioved �orr� the lower unit, the home would still oe ;icensed Pa�e i of 3 !�, � �� (��f-3o? r_�� 7a3-ssts9z Rasolution �$�-�?-� Decisfions af #he Board af Zoniug Ap�aeats are �n;il subjec# to appeal tn #he City Caan�il within 15 days by anyone aF%cfed by t$e decision_ Building pe=mi#s shaii nat be issued after an appeai �as been filed. If per�its have beeu issued befor� an anpeal lias been filed, iheu the permi#s are snspend�d and co�as#r�actian shall ceasz until the City Council has made a fz*a�.i de#eruiination of the appea7. CERT3FICATIOti: I, #he undersignez3 Secretary fo the Boarri of Zaning Appeais far the City nf Saint Paui,lS�tinneso#a, da hereby ceztify that I have campareti the foregoing capy e�tL the original racard in zny of#ice; and find Yhe same to be a true and carrect sapy af said ariginaI and of #he whole #hereaf, as base3 on approve3 minutes af fhe Safint Paul Boartl of Zon3ng Ap�eais meeting held an Novembea 24, 2003 and on resard ia the O�ca of License Inspection and �nviranmental ProtecYion, 3�0 Sd_ Peter Stre`t, Saint Paul, Niinnesota- SAIN�' P��TI. '�30�R� fl� Z�NTiY� �'pEALB / << , 1 , rc� ( �� ' \ � J� 4� `E'�i �` r � �✓ 1 � /�t �5�� ;1 / Debbie Crippen Secretary to Yhe T3oard °aae? oi 3 � � :`-} � � �- O� - 30� zc�r�yc cor�� ✓ �IIZJ''��N 0_ yGuS��G ?��;1� Bi;I:.DIuG COL'E �iFOt�Cr.2�Ni � _ � -- : - i _ G. e: c 2�DR`c� ' 1 G�' G...L"'�,c. �� De_n � - 1 � r?`5.,., :2 C^ V l; r OWNER `.-G'Z. �r.-�� •' :DDKES P �0?v= js^ COM?�T_,'.�INT Dri_ •� � � { Z � t r�,�, u_.ti.,,,, % I � COt�?L� ZNANT . � �� . '�, F� P�iONE NC. 7 : ` ' � � � : � � -}. . _ : e�: V-).."-�,' �� . _ , F . :n (r . � _, �_ �� ` ? `, 't �.. ATJT��SS %.^` �.. r ' A c � � F } ta '✓ M � ' " '., �. �� <' C-Zc r . r �` �^ � a � /-.. _/ ; ..� '' t` �, <"�'' .� _" �-- z3 : , v ��F-t _� ' t � /C, r�;,Lc% E��>r? .i%.��<i ._C ,: y''' _ ° !.i v _ ._. J'� � f L{ c � � G f" � � _ ' '�+� ' _._.. _ � _ "r r � �' C =",,"_ � .J 1 , c t'� £� � r i.'�: t : � � . . '!r � _ ;-! -.- ; �/ k: i tr: �!�:�:t , Zoaia� Co��ia:�:t Lo,�ning Si�sCem Data �� _ P.1S: li d Q.1.J I.TiCC L ` � ,,; � cate rece_ved(yy/r�/dd) `7��'� zonino etstric: � LL comp-a�r.*_ type(see meau) � ntimher o£ inspect_ons — numbe- o� davs to �espond �. ..:..-c�_O;: =35L@CiJ�IIi ^L'?.^.bcT O_ (:�VS i0 S25C1V2 " •.JTi�r•?:: 0-�2T5 �'y'%R� �/_ ViQ1d�10II llII5liD5C3.^.L12:.EQ / �� J Z�f-3o7 FAgE � � 0 �I"IY GP Sa..i�`�1 �AUZ 7cmes Scheibe7, i✓,oyor C�iCtObET 6� ?a�Z Jeditn Essliag 2187 Scnr.? e Lane Saint Paui, ??N 5ji�o RE: 2187 Bonaie i2ae Dear ?Ss. Essling: cF: rc' cF �.:c: �s� r.�sz:,c^o:;s.s� E.l�liRO\NF'�+T.;7.. PROT`LCt70;}' .�a�': Xe:tls Dbrtor . BL!rLDI.NG:,�'SPEC770.N?1.`D Zelepnone: bl2-298-5212 ✓CSiG,V Facsimile: 2<"2-2�07 IS W. .Keiingg dokte�ard Room te5 Giry Hall Scmt F¢ui, N,Ir.nesam 55702 As you �re awa:e, I inspected the �,ropert� on Septeaber 29th oi this year and corfir�ed that you have an il?egal dwe2ling unit in the basement. Ia OL'I QZSCL'SS:.OIIS� you stated that ; h2ve a femily living in the basement uait. Yovr property is Zocated in zn %-LL zeniag district. This district permits only one f>miiy dweLings per lot. You a__ therefore in violatior_ o_` b0.407 an3 b0.412 oi the C+ty's Iegislative code (see eac?osed). Ta order to be in co�pliance, the tznants must vacate the Iower unit and the lock on the door separaiiag the haseren2 _`rom t�e upper level must be zemoved. The de�dline <'"or co�aiiznce with Lhis order is ^londay, fiove�ber 23, 199Z. A reinspection is schedul=_d for 11:00 a.m. on that day to verify coapliance. You or � responsible adu7,t should be present for the iaspection. F�i_ure to comply with t::is order could rzsult in further enforcement acticn. If you have ary questions, pl_asz cal2 ne at 2,°8-�584. �� 2 � � , L"=w'rence R. Zar,gs Zoa_ng Tec2nic_2n LRZ:k_z =nc. � ,_, s �� .� � � 5/- 307 � Orrl� OF ll .�c.�'SE, ?li�SPE...:CNS ?.1�'D Erv'VIRONME.�lAi. PRD"?'ECI=Cti RoDai Kus1a, Duec:or � G�i I' OF SA...��' P�UL iames Sc'r.ei➢e1, }.ICyor Sentz�ber i0, 19°2 .iud_th E. Essling Oeun York Sopheap C;�nua 2187 Bonnie Lane St. Paul i!N 55119 RE; 2187 Bonnie Lane Dear Property Ow BliILDtNG I.NSPEC; ION.i1+D DESiGN IS W. %llogg BouLevard Rcom 445 Ciry Ha1! SaintT¢u1, bflnnuot¢ 55702 T_lepnone: bi2-<98-+2?2 Facsimue: 222-"u'07 Fie have received, a cnmplaiat thaY there are too many persons liviag at the reierenced address. The proparty is located in an R-LL, residential Zoning distxict. Ouz recoTds indicate ihar the building m&y � only be used as a single family dwelling. Enclosed are provisions 60.204 and 60.206 of Sa3nt Paul Legislative Code which deiine the terms ° Family" and "Dwellin$ Unit". The defiaiCion of "Family" in Yhe zoning ordiaance (see attached) allows a m2ximem of four unrelated individuals living together in a dwelling unit_ Within the dwelling unit, each individual may have separate sleeping rooms but they must shared the kitcY:en and zemziaing Iiving space together. An inspection of the building is necessary ta determine if the use oi the premises a.s comnl�ant with tne City Zoning Ordinance. An inspection is scheduled for Tuesday, September 22, 1992 at 2:00 p.m. Z request that you or a xesponsible adult be ti;ere so that we may inspect tne buildiag together and address any concerns. You should also have a copy of the lease agrzement indicating the number of persons residing in the building. I£ a violation esists, you will be given adequate time to bring the building into compliance. Zf you have 2 conilict with the scheduled inspection time or have auestions, ple2se call me at 298-4�8k. � � U��.i�G2_ �`�� ; �� L Law7zace R. Zanrs 3or.iag T_ecnnician L�Z:k�z cc. Ess'_ia�, -oric C:::^.u� -�iGG Ecdgson Road � � � 051-30� � , t-; s o� �� vovs�� s, 2no� Scenic $iils A7teraatrve Care 2 i 87 Bonnie ?ane St Pau� IYIIV SS lI9 To the attent"so� af'F'he Board of zoning Appeals� WeJI � — l the famiiq member of �� A_ . who is a r:side� aY Seanic �lllls Altemaiave Care, beiieve i� would be unfair and nnjust to ma3se 7udith �ssling rcmove the kiici�en in ihe lower level of her houss at 2fl 87 Bonnie Lane. Removal af Th;s kitchen mauld mean the reIocation of five ofthe residems thai have made Scenic k3'ills their �aomes, sc>me of ihese zesideuts have Iived here up io seveu years, and consider this their home. The relocatnon ofihese residents wouid most likely mean they would tsave to go to a nursing home-, �vhere they wouid not be able to recieve the quality or cansistenca oP care they receive ai Scenic �i31s, and #his sn our opinian would be unjust, considering tiae kitchen in the lower Ievel af #fiis house has �iste� for thirtteen yeus, and has never cawse�i a prabiem before. • In ddition: �eei �..��a writ auy a d'ataonal ca �� ere� J�-e � !�z�� f7 � � � �, �.�- � �� J ' � . � �.�'' � cQSZr� � �✓'�.Q-- �`#'�r�� /f �� `�-e�r t�� J1�),, �z�.r�-- \ 4NI z/'� `- �J"��Z�-�C.�. � �L � I , �[- V 1/�-j` l) �,-�-- 4 „d � ' � �f �r�-(L �� , j ` , ' , , �y , � , �� .t �.� �r� �'c�� Ul _�'�'D' - �� -�C�i �1�!'Ej GL t �� -2it3 L�t-Q �( i �^`1 � ��-r � �-�- ��'�'"] � � '�`� L�� ,�-b (-t.� � + t W tl� `��-'�i P^ ��anic yo��in read'�this ieiter of su�Po� ('iL+.�J , F} Sincarely, � �i � c�5 t l �� s a� �� - ��- j�� :.� � �� ` J Z � eSC=T"i EL SG �au d�f-3o� � sceni� �fIES t�j(�y'!��(iYC (;ars '��Z �utltlie�;at�c SL Paui, Niinnesota 551 i 9 To the atta�dpn vf She Board of Ztsning p,ppeals; '=v1y nama is Kaf-hte�r+ Sundall. I� the aie; e of �vian Fsltand, 2std am respom�"bie for my auni who is 91 years old and requires 24 hour care_ She has recmtly Become a resident at Scenic Hilis .�Iter�ative Care. lt �� h"� � a��Y P��v� �p�'icz�. The physical, emotional and spiriTuat care at Sce.zic Klls Aliemative t;are is mrne !han we couid have hoged {or nosv that she �atmoi ;ive alone. The cheery eavironmenY, �se competen[ employees and friendty atahade is so evid�t every time S visii her. 7 believe it would be unfair and unjust Yo maice Ivdith E�3ing remove ihe kitchen in the Iower [evel of her house at 22 87 Bonnie Lane. F"ust, it is my undesstanding t}sat the reason for !ke request is thaz the home is z dupte:c so iong as it has twa> kitd�ens. 'Ihaq is aot only inaccurate - ii's ridiculous. The residents' rooms are either an the ssppe: rn- t6e ±ma�a lerel, buY they are in no way resuicfed from sithe� leve3 ar the basement. The horne is used as a whole, not twa senazate and distinct entities. This heme is no different from any other single famity home with two 1ciTCheas - an aznenity that is becomin� inaeasmgiy popuiar by the way! I aiso under<land that some neighbors complain thai ihe home allegedly inereases ifi�e azno�mt of frafFcc in the area This too is not vafid 71�e residrnts of Se�ic �32s basically neve: leave - they aze mable to do so on vSe"s own. 'V4ile relatives somekimes do visiY, or take residents to ttte� home for visits, there's c�fainiy less tratFc in and out at Scenic f3ills than, ;or examnie, at the home of a family wiik three kids tlzaY go to • difrerent schoa7s [tli oughout their cuiidfeood, atiensi three diftrsznt sparts l�gues, all fhe rauEine activities of kids these days such as bay sccuu, gsi scauLs, ;�urds, not to mention �e numaous eri of a family of five, and ihe like. If this is rrally a cancem, than maybe thae should be a haffic study condvcYed. I wouid not be sarprised if oiher households gw�at..ad more iraffic, even if ii is the same vehide agam and agaui' What �4is really see:ns to be about, is thac someane haz decided for not so loeical reasans, that they want NFs. Esslings home ciosed down Fram the info�mation 1 have received so far, thae is simply no factua3 Sasis or support ihat Scenac H11s is negativaiy impacting anyane To the contrary, Ms. Ess3ing maintains her propr.ties impeccab3y_ If anyt6ing, her efforts have inerea9ed the vatue of ha propet#ies since she purchasedthem. This Baard should ai 3east cansider ihe equities and taimess of its decision. Shouid Sce[iic Hitls residents tose tfie only ihing camfortable and fami3iu To them, because of someone's mean sp¢it� whun? My aunt is one of zhe more recent airivays to Sceaic Hills Some of her roommazes have lived th�e £or sevece years or mora. These people aze in the winfer of ihe� ]ives, some af Yhem in ihe last days of thaff lives. A move would be devastating Many suffer frnm Atzheime�s disease_ Tf�e'u weli being depeads upan comfort, ruucine, and fazni:iarity. They cannot adapt fo cI�ange. If they iose a familiar ssarounding, ffiey may never be able to become famiiiar with �eir new Iccazion. Sending them io a nucsing bome won[d be changina their ec;;tira emivers� smatl as it is_ Tr�eir heaith and we19 beiag would be aegatively impacied. it is exceptionally d:#3icuit ?o find alternative care openings. V�ivian's prior hane closed recently. I had the dauniin� �sk of finding a new hoaie wiihin three weeks. 'liie search was difSculL No where did 1 see any alacement oppoRUnities that even pme clase to Scenic Hills. if Ms. Essiing is required io resnove her kitcua�, and lose one of her licenses, five people are going io iose tize'u home. Mnre than that they wiIl lose the�.r way of 3ife, they wiil lose Sfie few peopie ihat they know aad recognize. They;nay be beyond £heatrility to 3earn ffieir r.ewsurtoundiags and gai¢ any iami&ariLy wich routine. Re?o�tion wouid most l�caly mean a�-ansf� to a n�smg homa, whae if�ey woutd not , receive the qc�aliy ar cnasistaney of cars they receive at Se�ia 3$lls Theu loss would be enormaz�, #he ' � C� ,' 1 ,-ti d E� eBC=tT 6� 8v %aQ d� 30� � xov�� s, 2�as s�r � n�e�c�� c� 2187 Bonnia T a� S� Pau� MN 55119 To rhe �tention of The �oar.i of zc>ning Appsals; tiVrJI \" n- �CZr }� S��-t�vv � the family member af +.;; , i ti!�. S}'..�,yr. , wl� is a rasiden# at Scrnic �s Altemative Care, be?ieve ii wou€d �e unfair and uniast to make J�Ciih Essliag rantove t3�e katc$en ia the lowe: 3eve3 of her house ai 2 i 87 Bomsae �ane. R�moval of this �tc'�eu wouid mean tiss reloca?ion of fve of the reszdents ihat laave made Srxffic 1�lls iheir homes, some oi #hese residesets 3�ave iive3 $aese up 10 seven years, and mns:der #his their home. Ths reiccatiaa af these residesYts wox3ld mosi liksiy mea3z tLcy would �ave to go to a nussu�g home, wi�ere they wonld ncsc be able #c> recievs ihe qualiry ar caa3ssistste.e:ace a£care t�e3r re�eivs ai Scenic T r�s77c, and thzs in our opinion would be unjust, conside�ng ihe 3citchen in rhe iower Iese3 s�f this h�usa has existed far thiate�s yezrs, and has never cansed a proolem before_ . • � additao� �'�i fi io waite aan� additionad ea�mments here) 1'he question to be asked is why? Why now? C)ne of t;ie reasons why we placed �-Iedvica at 2187 Bonnie Lane was because if fesls like home, i# acss like home, the siaff aze a fami}y to the peaple who live there. IE is a aommunity woridng tog�iher to give to each other. As the five residents gathe: together in the family room, staff is preparing home cooked meals that smeIl geod and taste as good. It wouid seam tha# t�'ais issue only has come To light because of the other issue that another Altemative Cara E3ome ciare to opeza in an area that some felt coutd take conhol of—defying the f�z3eral or srate governmant. As a Boazd of Zoning tne only question to realiy ask is why and why s�ow? 7?oes it realIy have to dfl wiTh this ane kitchen and previous3y was ek'd by your department? Znank you for �nae in reading this letcer asFsuPP°� Sincers;Y, / 7 T �2 c�..� � - ��-l.van-J //J/d.�0.3 .. `J f �t ��' �� '�� e60�TT ED QO �=Q os�-3o7 � Novemt:er 5, 2fl03 8cenic �'iis Aiternative Care Z] 8? Bonnie Zane SL Paul, NIN SS I 19 To the attention of Tne Boasd of zoning Appeals; SNelI ��; � l� f� t the family member af ,i��i�l�t11 (','�i�f3� t?f�� who is a reside� at Scsmc �3'3i Is Aiternative Case, believe at wauid e unfau' and amjust to make 7uciith �ssliug remove the kitchen in #he tower 3evel cst' her house at 2187 �am�ie i,ane. Removai of tihis Iritci�en RreuId mean ihe relocation a£five of tha residents that have made Scsnic 3�ails their hosnes, same aP these residauts I�av$ fivd here up to seven Yeass, and cons�der this iheir home. The relocation ef these zesidents wouid most likely mean #hey would have Yo go iQ a nursing home, where ihey wauld not be aiaie t+� recieve the quaiity or c�nsistenc� flf care �ey receive at Scenic �IIs, and this in our opinion would be unjust, cc��nsidering the ditchen in i'�e io�ver ievei a£this house has existe�l forihiste�a years, and �as never caused a probiem be#'ore. �� s! c�_ �3 C�Zt �: t�l � h; �.;�� t.� T�ank you for frme in reading this leYter of su�ppor� �.�: { �.i�-1 � � -� �{��Jl)! t�� i�-l-► S i-�ZVCi� G�- Si ! �- ��-- �� -_.. �-t��,�=� Ti-�-� Z�� ) ht� ��.�-�j G8-� �.;�tL;L t,� ��7�- S�z� f t. �-i-L�.�...5 t� Z�.S�I? �� . � '�=Ca�._�,�!'�'U;�� `�. � S.S L �.S �-i� ;� �n add"ation_ (�'eei free #o vvrite any addiiional rz�rumems fiere) � 1 �u.�a�.. - i �-�-s�c.c�-� C�s}�� .c�v�; �c . r c`c,� s�� t-�-�� cr�r�� C:�� C��-�� 1..�?�G� � C'��.?D r+7{�� S�. (=�n � � � � �,� ��; ��s��- ��S �-tU�� . ��, z ��s��. �� '�s i ��-S � �`� �L�1 � V�--►�1 � ; J , l�' �U�-,% ��-�i.. ��. C.! Lz V�;� � 0 C�...� { I;�i 5 �. � � 1 �. _ . Sr-�,ZL � ,� I � � �Z�.S f ��;��'s . �;` �� ,r-- ;, � c'd ecncrt nn ;n �art ttx`-3o.7 � �ovember 5, 2003 Se�nic Hiils �itert►stive �ara 2187 Bonnie 3,ane St Paul,1VLN 55 i 29 To the attention af The �oard of zoning Appeals; c y � �I G �eRGG f� #� �-aG � �sv.� �he f�i' m�er of �(18 Y �-r 1} t��.: R scn/ , who �s a resdept ak Sceaic I�ills Alternative �are, believe it would be un£air aud unjusi to make Juditn Essling ramove tlie �tchen in the lower Ievel of her hovse at 2387 Bo�mie I.ane• Removai of #ius kitchen �vouid mean the reiocation of five of the residents thai have made Scenic �3illls their hoffies, �o�e Df fihese resid�s �ave tived �iere ug ta seuen years, and consider this #heir home_ The relocation of these residents wouid most iikely mean Yhey would have to go to a aursing �ome, where they would-uot be abis to recieve the quaiity or consisten� af car� they receive at $cenic I3iils, and this in our opindon wouid be nnjust, cansidering L&�e icitchea an the iower levei of this house has existed for #hirteen years, and has never caused a groblem befare. � 1n adaitioa: {Fewl &z� to wzite ang additional ca�rsmen4.s her�j � ' - �'i��.� n�.� ��a-�`� ��',��z,.�"�� ctr��. �--� �"�,-�� n��`�= �-,�.. �� t�� o�- ��- .�.��..�e �/�� / � .� �/] �` � � q 4�,�. � �� /��'� ` � y.�, JZ�i/Y'�. ✓ � /J! / ' �J J_ � � // �� U " V � _ _ / /Ltf �LG4 � � ��' . � 4.i'��.✓r �;� �� r ��,_ Thazak you for t'sme in read3ng t3us ietter of support, G�� ,�,�%-L�- _�� 3incarelY, i ��/.��,� �� l �` 'L U -�' c:"' f� � ✓Gy�-..,�� —�.,�,r�. �. � ,r��-a� , �_�� ' � �- � � '` �`; -+ C �'�/J��'"' � � �- � � j�� .� SS/�'�`� � �G� -; i ' � i � � � 9•° �SD � i T ED 8D =aQ o� 30� � November 5, 2003 Sceuic H�Is �ites-�ative �ar� 2I87 Bonnie Izue SL Pa►il. MN 55 i 19 To the atte,ntion of 3'he Board of zoning Appeals; / J� tlae �mily rnember of t,tac�Z. w�o is a re.sident at Scenic i�'i►Is Alternative Care� believe it would be unfais and unjust 10 mak� dudith ;�'ssiing remova the �tchen in the lawer levei of her house at 2187 Bonnis I.ane_ Ra�aval of this icia�.chen wouta �eau the retecaton of f ve c�f fhe resideats thai have made Scsnic I�ills their homes, �me of these residev#s have Iivc� here uB #o seven years, anct ccjnsider #his their hame. The relocation oa"these reside�s wouid uaast 3ikely mean they wouid have to ga to a mirsiaav home,lvhere they avouid not be abie to re.^,ieve the quaiity er eonsistence ai care t23ey rerxive at Scenic �'iIs, and #his in aur opinion •,vould be unjt�st, cansideriatg tiie kitcneu in ths lomer levet at this hQUSa has ea�sted far thirt�a years, and has never caus�d a probiem before_ In addi�tioa: ��c3 fr� to wsite any atldatiQnai comments here) p 1,,, ,�� ya. � w � l�`-�L � La-�vrt, ,� �a ` U � � ' � �" �� a� �- ,��TYt-�t�-w'�'' I D.�-rTxz �' eh s��-c-�--� i u..s-+.�2.� fnt .�-9��i �.n.�a-L Gt�-d �. � � �'�'�`.2'`L ��s�,�.c.c�U�r�J�� `�n�c2r� �e-1 ��.r,c�:�2��`� ��i � �{�Rt�L�Ynst- ��- G�°�7nbn 't.�e. -�¢- �� L � � ,�� , ?.�..vr�, - �/��+' ��' �� 1 � . � , ,�.¢, J �.-� -7�.� -�rn-�-- Th � e� g#lais ieYtsr t�f suppo� �� i:�:i,t�'�r,t,•L2ft on � '" � " - • � ,� � �L�nr� Sinrzrefy, �_. � �''" �„1,.�� "� � I' I f/rI . ,�//�` ,��h�' N ,�o � _ ��, &�- — ,�, �`�" � ) � �. �?��'�� r� � �,�(�! ��'� � � r., v ,•, � . , �G9'x.�o�`�`"`� � Ltr�� ,%� �) � �l �,�,� �" � An n.�l/S�/� X`�'�'�� •d gsn�t: so sc �=a D�- 307 � November 5, 2003 Scxnic Hiils Alternative Care 2187 Bonnie Lane 3t. Paul, MN 551 i9 Ta tlie attenti�n af "T§�e Board af zoning Appeais; / � t WeII �� " G` �i�Ytr' { l the family member of �p r � who is a�esident a# Scraic F33ils Alternative Care, be3ieve ii wo d be ' and unjust to make 3udith Essling remove Yhs kiccchen in the lower level of her �ouse at 2187 Bonnie I.aue_ Removal of this :atchen would mean the reiocation of five of the residents that have made Sce�ic Hills their homes, same of these reseiients have lived here uo to seveu years, and cox�sider t3vs iheir hams. The ralocation ofthese residents wonld most likely mean they would have to go #s� a nursing home, where ihey svould nc>i be abie Eo recieve the q�alit�� or c�nsistenca oi caze they receive at Scenic F3ilis, and this in our oginion would be unjust, cansidesing the kiteheu an ihe lower ievel of t9�is hause has existe3 for thixtean years, and has nevez caused a paoisiem before. • In addition. (F�l free to wait� any aaditional caauneads �er�) ,' � ° 5 r S5 � � B-vti-'� ��'L � � �` �h .� � ��r��2 1 a"�, a-�c� e,� �� S' � a� S�� c�' � `�I P �6v-� `f o �,G�j� ic.�?S� � S��t � ` ' � `��a�� 1�.� � � �P� r �Q� � . ;�. CQ�.e � �;� �h��,% � � � �� //S c�ru lrucL� f o B-uti �.r. rl.� �e s;� � �� s� �� t?'C� �./tLci.S7`��G: �/2,2S.�Ij'[ Y'/��E�J �� zf?hJJ2 ��'� � Z"�ank�u fas t�e in reading this 3etter aYsuppor� �2 �{j��l �� /4- ��1'f � � ssncereiy, C� '�s�� , � � .� � �� "%�.S � �.�, � Gu� v�� , ��lu s��ir � .� . � �� -�t-- �� .,� ��. � �� -� I �� g•d e8t]�II £D 8D �aQ 04-3a/ � yoye�� s, zoo� Scenic �7Fs �3t�naativs Care 2187 Bonnie I,ane St 1'aui, MN �5119 T� the atteation of The �oard ofzanaag APP�; �+'� `.D n �� the family member of ��'�' ' `��-k� who is a resdent at $a�ic Fiilis AIternatave Care, beIiave it wauid be unfair and unjust to �alcs Iudith �ss3ing zemave the kitche� in the lower 3evel of �ter haass$ a# 2187 Boauie I,ane. ILemovaI of t�is kiichen would mean the reiocaEion af five of the residents thaz have m4de Sczaic Z�ii1s theis homes, �e afihasa resicienLs hava li=re� here ug io szven years, and consider this iheir hame. The r.°.iacacion of these residenis �rould tnc3st likely mean ihey woukl }iave to go to a nvrsing home, w3tere they would aat be able to reciave ttte quality or consistence ei care ihey r�aive at Sc.�nic Iiil'is, and tivs in ou: opinion �vouid be uu�ns� cansidering #he �atefien sn #he lower (avei ofthis fiouse has e:cis#e3 for thicteen years, and has never cacas� a problem before_ Ia addiiion_ (rexl frea to �vrite auy addi#�flnal camme�ats here) • ��'r' Z a�-K.+-!� � i� °t �t� f�"'e°.y ..y'� � � Z�-'cw --2�� ,,,,,{_ �r �y� i� -Lr=<� z� L� � ZI � � �, , ��/ -� G,�r-sK,� . ��-r of�� . S � �=`�`-z-�-�C � l��'� � r� ��-�� ` �..F�-��= � � ( y ��r. � -� �, �� --v- c� =�-�--� �� .�.� ��-�. CLU �-C�-� �2_ S � L�--�_ <-e=�� ` ,��-� d � ` ' G�o'-«,�a — �'.�`-?-��' I ''„�--�.� � -.-s, fj C � t ' " ��' /t�..�G'Lz • �"a �r�-� ° f�"`� �'y �l � d�`z`' ' '�.�Y�� u..�� T3i�k you for ti�ae m readiu� #his lefter of suppor� �� vZ-f �c� �--�,' -� --'� e� �° 7`-�c-��. �-�� `-F'{� ��`�'� Sincerely, � ` �_ ,� ,� z:��j'� <z-Lz f �-�.��_�_ t .- '� �,, i�-� � . S c-�� i�-�-� �- ��.�*-� � i , / . c �� l�� u�.�-� � �-�___ �-, � � . " � C � -��J '� !i>t.�-{ `� `/` �� '.�Lr� �°,.� �c_ `--��C� � /'� �-C -�� -�`' .� l � � 1J� b',..c"`Q � � /�—`�=�, � // r�'-�� r -LV"2`.� 4 ��i�t'-..:.�c'c.x�`_`°—t" .G'�'� / f � �� , �L�' ��-t't-�CC R".+ � �s Zc�vy '/`.�.,_.0 t� �� c�-; � � ,��.,_� � �� CT�;i 8G �D oarr 05� 307 � . � �Qwe�� s, Z�o� Scenic �33ills Alterna�ve Cas'e 2187 Honnie I.ane St PaEa1, iliAi 55 i 19 To the atte�ion of "I'he Board oi zoning Appeals; We/I �6��s'�� the family member of � � p� � wno is a resident ai S�nic �'ills Alternative Car�, believe it wouid be unfair artd unjust to make 3utizYh Essiing remove the kitchen in ihe Iower leve3 of her heuse at 2i87 Bonnie I.ane. Removal of tivs kitciaeu would mean ihe relocatian of five of the residents thaz have made Scecaic �7'iiis their homes, s�me of t�ese tesidents haue l'sved �iere up to seven years, and consider this #he3r home. The re?ocation ofthese residents would most lika3y mean they would have to go to a nursin$ home, v+�se:e #hey wouid not be ab�e to s�cieve ahe quality ar e�nsistence of care #hey rer.eive at Scenic Hilis, and Yhis in our opznion woutd be unjus� cansidering #he �itchea in the iower level o£tbis 1�ouse has existe� for thirt�n years, aad I�as never caused a probiem before. In addition. (Fesl frea to :vcice any additionai camments �sere} Thank you for time in reading this lei#ez o£ suppc�r� Sincerely, CI'�' � ;�� -�� p� ; � '�- J � i � � % �DI=Ti 80 8D %aQ o�-�� November 10, Zfl�3 Scenfc H�71s Alterna#ive Care 2187 Sprutie Lazre St Pau}� MN 551 I9 To ihe attention of The Board of Zaning Appeals; ��'tti� � t'' Yt li� � � an eirsployee here az Scenic Hiiis Altemative Cace beiieve itt weuld be uafasr and unjust to maice .�uditta Ess7ing semove ihe kiichen in the lowe: levei af 2187 Bo�nie Lane. Itemoval af this kitchen would nac anly mean the reiflcation of five residerns, but woutci mean a cut in staf�'which wouid resalY in misp3acad work�s, due to the fact if the kitchea is remo red Z I$7 $onnie i.ane thay would loss one of#laeir licsases, and there wouid be no need for agproximateiy sax to nine empioyees_ T�Thich wouid mean the iay er"f/ cut in hovrs and the toss ofbenef ofthose nine empioyees � ' ��l' �'Lt �/'s � i p,^,� �; being an emp7oyee af Scenic Hills depend on them far my #inical stai3iiitl, so the removal of tfiis kitchen will not only ei�'ect tfie residents a�d their families, at aisa effe: ts the tive2y hood af we ihat work az Scenic I3iils. W:uch in r�tcm well irn�ac ttse community and the vxaemplayment rate. In addition (Fee1 fr� to a�rite aay additional comments here) �_ � � CX �-ZLU-Q .��t�' /�P�i l �JLLDy�i� �'6 -/�Q��CL�/fc.Fl�/ TL% r / J `�'�� (,u-�l�t �e-t-e.� 1 � �✓�-�2c� F ' � -�'i /2cc� �-o-�w1 a�� L� � � " ,��- �� - � -(� �aL� �uizv�r 'i�-e2� � � C�L �� '� � � Lr.�-t� ��z.�i �i.� , , , � � ��¢.p7�" < � � � n � � An ��-i" p �(.' - f, C° iv1Q � �'l(J'L -�'� �"�IX ..� +.,.X.. .!/J ; c.ti.�-6+l � l ��d.�Q<.vi.c� �J .�t.c¢,Ct2. —� T3iank you for your time in reading i�vs letter of suppart, U Sincerely, . � '�?, ��/l�� / / C,9�.//�ZN�� i �i !�� ' � 1 �, � � . i iT'd eGT=TT £0 3� ==C o5F-3o7 �J Ivavember 5, 2d03 Scenic Hills Alterna�ve Care 2287 Bonnie Zzne SL Fau1, MN �5119 To tha attentioa af Tne Board of zoning Apnrals; We(! 1 �Y'1!�2: P�`i�LIF.Lj�.�/' thefasnitymemberof �� :� 'L7�:.1 ti! `-- , who is a resident at Scsaic H"ills Aitecaaative Care, bsi4eve it would �e " aud unjust to make Judi#h Essling remove the kitchen "sn the 3awer ]evel ai her house at 218� Bom�ie Lane. Removai of this kitchea would mean #he relocarion oP five afthe residents thaz have made Scenic H�l}s iheir hames, some of ti�ese residefl2s l�ave live3 here up to seven years, and consider this their home. The relocation of these residents wouid mast Iikaly mean they would have to go #o a nursing home, where Yhey would not be able to recieve tfie quatity or consistenca oi care they receive ai Scenic Hills, and this in our opinion would be ungus� cansidaring the kitchen in the lower ievei of tlus house has existed for ihirteeu years, and has never caused a problem befora. • In addition: (Feet free t4 yyafte any additional cammerats here) -�T-- -l� C�t� ��1�� C�� `�3'� ��,�� -�c��>c�' /s Cz(�� ,iy'a c� �CeU�iC l-1�llS . .�-t- �s �c.l� c,.�� v,c ��ec�.i b��, �;lace , 1-1� c+-�ts � ��X � 1 ��e�t{ - Ca.��. , l-� Ccc4n� --� S c.e.h zc H� U4 `�'rr r a� i,� ,, s i �� I�lr... p1Li�`� �" � t'`t SA-u �'� 1 G' 0� Y'liAY�jlYL• (-'}t� rYR', (.`� LL{- y � V +/j�rC3l,C.tC.I ( �\e.� LL s�-i�� ,=�- �� .� ho��, !3-i �'�e i�:ci rz:� �-�' �o n i v J "1�l�z-,i S �v cL �� 1 Ser-» tU � t 15 � f� � v� u� t-e- -IZ 2 X f s�-- a s 1-�' i�ti,� �� f1� ��<<;� �i2_ G,s£ Cxce��'�i�:iS -�z% C'v'G-t� r2�.Fe l�? �L.�e. -1 �- /S G_ q�ra' f'lat� �cv� 1�y �GCi �: ��eV G�r� CcLi,lSJaz� 1?U `��LYM ?ci a'n t�>l�, . j�fP ��C �� i'fc k�t' 7'��,F� . r Thank you for time ii�reading #has letter of saPP��, � Sincerely, � � . �� l(. l�—�� 'c�G�,�'C/ `J ` I z:•a � �� / eOT�IT 6i 8� ��Q Dy � November 5, 2fl03 Sc:�ic �ills .�3ternative �ars 2187 Bonnie I,ane St Fau� MN 553 39 To ihe azientioa af T3�a Boaza of zoning Appeals; WeII ` t l ��, ,.� F !,.1� r� ihe family member of �/Tr��r� iSJFlc. . u� is a residsat at Scamc �3�ilis AIternatzve Care, believe it woula be u�faix and u�just to make Ju�atn Essting remove ihs kitchen in tse iawer ievel flf her house at 2387 Bannie I.ane� Removal of ifus'_�itahen wocli mean ihe r�loca*_ion of five af ihe residents ihat have made Scxnic �ii3Is their homes, same af t�ese resiiiiezats have live3 hers up to sever2 years, and considez ihis their home. T�e relocation of these residesrts would most iikely mean #hey wouid'�ave #o go ie a aursiag home, where i�eg wouid nrn be a2aie to recieve the quaPity or �ansistenca afcare t�ey rec..°ive at Scenic I�ills, avd thss in aur oa3inion would be ungust, cons:desi3s� #�'��itchen in t�e lower levsi ofthis hause �as e�sted fort}airteen years, and l�as never cause3 a pzobiem before_ Ir add'atio� (€�'�1 free ica u�ite azry adclitiona'� cauame:tts here) Thank yoa far tims iac rsading ii�is tettar of s+sppt>r� Sincere:y, � � �-- __. ..._ , v ., , �� -;�— � � � �i/�C�i�V ( ._ �� _ � E: �` �. '� / �I3�T3 E3 ED �zis • • o� �� ro��,b� s, a� Scenic Hills Alternative Care 2137 Bonnis Lane St Pau1, btl1T 55119 To the attention af The Board of zoaing Agpea2s; WefF � s-�-.t. .�i.,z..�, � the family member of ,�e�-3.osa.� ��.�.+1 who is a resideat at Scenic Hitls Alternative Care, believe rt would �e unfair and un,jvst to ;nake 3udiit� Essling remove the latchen in the lower 3eve3 of her bouse az 2187 Bouuie Lane. Removal of this kiichen would mean tfie relacation of five of the residents #hat have made Srxz�ic F3iils ttteir homes, some of tfiese msideuts have live3 here up to seveu years, and consider this their home. '�he reiocation ofthese rasidents wouid most iikeIy mean they would have to go to a nurseng home, where they would noi be abde to resieve the quaiity or consistanca of care they recaive at Scenic Hills, and this in our opinion wouId be nn}us� ransidering the'sttct�ea in the lower levei af filus house has existed for thirteeu years, arad has never caused a ptoblem before. • Tn addition_ (Fesl frea to wri*_e any additSonai caanmenis here�� -.�� .�.�.� �--� �" �- � . � ��'�`'��`� ¢-^' ,�,�,; �'�.`�_ ° l�.L�, ,a�.�-._ .�-x�,�.., t�, �€�-�` �' �,:.' .�.:�-�t. � c�,-i.- r�..�.�i. � / �".a�Esr-r' ,�.'t' aQs�.�rr' � !� �+¢S� G.�to .,le.�is.r�.. ��-•'t—��..(s-i�.�-.�.r.� �...,./+�-cs-.�.- sTt-rR'e+.�:,�" � �..L�+,�l.'-� A ^-�-..''— �Ll� '�. t/ Tt�ank yoec fot time in rrading ihis letter of sc�ppor� Sincerely, �--a-e� ie.- +ti � f.�i�/ • ; ; n � �', J '+: �iI=2'C En Rn =ei' o5�-3a7 � xo�� s, zoos Scenic H�is Alter�ative �are 2ZS7 �o�ie Iane St Faul, �i*T 5§139 To t�e atteution of Tne Board of zonwg Appeals; tiVzJI �-..: -� ihe family member af J� y��_ who is a a�sideut at 3c�uc F�lls Altrsnative Care, 8s3ie4ie ii would be `�fair and unjust to make Juditfi Fssling remove the sitchen in the lowez 3eve1 of h� house at 2187 Bomiie Yaae. Removai o£this kiicfien wouid mean ti�e relos�tion offive of#he residents that have made Sce�ic HIIs t�eir homes, some o£ �zese �sdeats 3�ave lived t�e ug to sereu years, and t;a�sider this their home. 'T#ie relocation af �ese x�sidents wouid most likely snean they would laave #e go tc3 a m�rsing 2�ome, wh�e 24�ey wauld noi be ahIe ta recieve Yhe �uaiity or cansiste� of care they receive at 8c�nio I�Ils, and this in our apinioa �voutd be unjust, cansidering tf�e katcLess iu the low� levefl of this house has �sted for thirteEn YeaTS, ana 3�as never rat�setl a�sroblem before. Ia add"atios (F�3 fr� io svrete any addit�onai comrae.nts h�ej �r u.�-d�� G U � C3 y � d-� ��2:it��+^ v�-L. �� ! /'�i �a_rr-��-.�L� � O< �� y.t �eJ L�d Eze�-'-aeQ�.-iY^�^- /� p0, /� l*.c� �"-� GQ.-L9�,1�- - -� _ -- � " � .. G% "'.c`'�%�C. w'' ' N" , .ta, 1 h � )�a �^J l'�e� i �/LrJ fc� ..c�/ �i4.2�.ec..-�.,,,, �r �.0 // �—�` J!s—rai�Ci Y'.c.J H../h�. - U � �� /� �/- � � fLR�:•K� �(/ ��c.ec�� L �yra/ ' � K C/?{Y',�/ `%�,� / �JCl1-9'*k-' � "F'�ank ycni for �me in reammg ' lerter of sugpe3i, �LG��-�� .s�, - Sincere?y l �� t r �� 1 � =%�tl �ii=Ii £� SC ��Q O'f � November s, zoo� Sc�tit Hilis �Itema#ive Care Zl$7 Bomiie Iane St Paut MN 55119 To the attemion oz" The Board o£ zoning, Appeals; �(� i G S'L�-{t,(,LT the family member of ��nl (CP 1 C�LLC `2 who is a resident ai Sc..-nic F�llls Alternarive Care, beiievs it wou3d be un£�ir and unjust to niake Judith Essling remove the kitchen in the Iawer level o£ her house at 2187 Bonnie Lan�- Itemoval of this kitchen would mean the relocation o£ five of the residents that have made Sceaic I�iiis their homes, some af #hese residems 3�ave lived here up to seven years, and consider this their home. The relocation of these residents wontd most Iikeiy mean they would have to go to a veusing home, where t6ey would not be abie Yo recieve the quality or cansisience of care they receive at Scenic �z11s, an3 ihis in aur flpinion wou4d be unjust, wnsidenna the kitchen in the lower 3eve1 o�this house 3�as e�sted for ihirteen years, and l�as never �caosed a problem before. i In additiou (Feel fr� to write any additianal commenis here) Gl1c? Gtee-{,t-E- L„�-P�� /.��-�-,��+�� r,�l��....�e, �=�u-� d�u.,i , � ��! � �� ,9 " ^ �✓L�%�� r//�.��t�'.u.`2�° f�'SSGi�l GS . �.+�L�... .e�C �,/�� , y � J � C�� r ' . , �� 1��1�- %"�' C.F-i-�il L�L,f.L✓t.�_ (.G-vL�(�LL,2t �-d�-w (wL`T/� i �.�-c.�'-'.�l C/uA-� ��"�. �'�' LC..FV t�c�-GC / �""."'-"�- � �� Uv-e�. ...e-� . Thanlc you for time in z°ading this �etter o£suppori, Sincesely, � o / t _�,� � �;•d �'�1�� J � �TI%TT EO u�^u �as o�- 307 � Noue�� s, aoo3 sc�uic H'�7S ra1#era,afive C:ara 2187 Bonnie Lane St Pau� t�A�i T 55119 To The attention of?"ue Board ofzts ' A}�peais; � e `�' � ^ ��'�` ` � '" ` " � 1 f � c <,.� (�`c1 z J C� lZ,s WeJi //'1 �� J M .-si �✓f l S th 'ly me•nber of / ��•� ' a� is deut at Scanic �ills Alternative Care, believe it wouid b " and us�just to urake 3udith Essiing zemove the kiic�en 'sn the ?ower 3evei af her house at 2187 Bonnie Iane. Remflval of this ki#c�en would mean the relocation af five of the resi@ents that have made Scsnic Iaills ti�eir homes soms ofihese zesidents have lisre3 here up ta seven Yrars, and cansidsr this their home. The relocation of #hese residerns would most liksly mean #hey - svauld have to go to a nursing home, where they wouId not be ai�ie to recieve the quaiity ar cansistence ca�care they recezvs at Scenic Elills, and ihis sn our oginion wouid be uniusr, r,anszde.�ing the T�itchea in the 2ower ievel af ttus housa has e�sted for thirteea years, and 1�as never caased a problem before. In additioa: (�eal free to wri#e any addational co�neuts h re) � j�,n J � �.• / �r r� ��J ��- � J � � ,", ,� � �-z �. G--fv L- / � L-�� ' G � �� tl ^ 2-z, - `!' l C -. �/ fic.l � � � ,� C Z� �� / �u - -,� � d� s � � J � �- G J j � � '` � /�. °.� � � /'� t' < �./? / � 1-f' G � /7 .� � � y � / �� G ! N /{../ O G-cJ r� - t ./-7 �C r � ��,.i � �, v r -� _ .-� 1 T6amk�for time �ing Yhis lefter of suPPor#, ..-{� �/t � j� rc �--� r7� f s��'I � � � s � C �'7 �+—�— / � G G ��'2 �%'� ^ Sincerely, ��r�� . / //� ' i � f / � � r.s ✓ C O 6''< �c,� ��i1 .,J � .� 1/ .�r c,-�c� ��nti �G . G' c j� � C.�-�1- t�3� - �' l'�, .��, `-� x�s �� , s� - _� �� .��;� � C. ,,.,,�- �� -<.� �.�-z,� s � �'� s ��.� �' �G� 3 -� 2z � - �Y r %� �-L.�.��/-��-�-� � ?Cc� � J��- �"�v� �;��; 1 � �-� s �1 ?� t� � � j ,�� . ��'d 2zT.az so a� �=a D�f-�a7 � �royemt� s, zno3 sesnic Hilts �3ternative care 2187 Bonnie Lane Si Patil, MiV' S5 i i9 Ta the attention of Tlse Board of znnin A;spea3s; Weli �7'/� L//�l/Sl � the fam�ly member of __�-�� /��y .yiao is a aesident at Sceuic �il3s Aiterna#ive Care, be:ieve it would be unfair d uniust 2o maice Judith Ess3ing remove the kitchen in the lowea 3evei of her 3�onse at 2187 Bonnie i.ane. Itemoval of this latchen. wouid mean the reloqrion of five of the resideentts t$tai have made Scemc I3ilis their homes, some of ihese residemts have lived here up to seven years, and consider this #heff home. The relocation of these residenES wouid mos2 likely rnean thep v�aild have to go io a nursiug home, where they would a�ot be able Yo recieve the qualiiy or car3sistence of rare they r�ive at Scenic Hr7is, and this in our opinion would be unja3st, cansidering the kitchen ia the lower le ael of ihis house has exisiesl for #�irteen years, and has never cause3 a problem before. �� ..r�� •r �-� .t' :r .u.:. .ee�.:sitr.� �. ssrtr't. f� - / . � �,j � ,. i- � . ., E ij f i , i� f � � �� ii �i ' � � . ♦ , { /. � � i i�� i.I i� � i 1 � ! '� ♦ i. � r iI ! ' / - � , t t � s� ',� , . /� , ' �� ^ f.� �' f .. i ` : / - �j � .- � �,, .. �.r., s r. a:r�.- i. :.:s.,,r r.. r•' v..:♦�� . � !♦ i/ � / / � i / I I Sincrsely, }/�r/ t. . �� . � �� Z� l�.[.� � �i � e;•d Eai�zz sc ee �an Oy-3o7 ! November 10, 2003 Sc�nic $iils r'�Yea�aatave t;are 2187 Bannie Lane ST. Pau2, MN 55119 To the attention of The Board af Zoning Appeals; Y> L rv -/�itii /9� y/ �rz,.� an employ� here a# $cania H"ifls Aiternazive Car�` believe in �vouId be unfair d unjust to make Judith Essling remove the kitchen in the lower le.•eI of2187 $onuieLane. Removai of this kiYChen would not oniy mean the relocatian of five residenis, but wouid n?aa.z a cui in sta#€whict� wc3udd resuIt in m3spfaced workexs, due #o the fad if the iciEChen is removed 2187 Sonnie I,ane ihey would iass one ofthe� iicenses, and there would be � need for appraximateIy six to nine employees. 1T�hich wou3d r.�ean the 1ay off/ cut in hours and the toss ofbenefits ofthose nine employees �, �d7-/ iia.u_ � .� J� �''�`Y��i� being an employee of Scanic Klls depand on them �ir my finical stabiSity, so the r�noval of ihis kitchan wiU not only effect the residenis and their famiiies, it atso effects the fively hood af we that wark at Scenic HiIls, Wivch in retum wi39 impaci the rammunity and the unemployme� rate_ In addirion: (Feet free to write any additional caanments here) � Lv�ft+ru�. ��a�� w --�,�� '. n�( �-�,s:.�;,� � Sr.�,�,,v �-, C�� C- � �� ! .t�u.0 �.,,�. ,�.,-�,�►. ,�.- � ��,e.��. � ,� �.� ,� �-e- i�" � c'�f3'—l�2� {�tr � �Jo�+t.� ._J..'Y � �h,idq�-� ��! � �- l w-o � � �� -� �-- �� 1�--► a-�L,�. Cc.YS�77� ��.Q �LiiL K� � Lc��k,�i , C�� a Yor your iime in reading tlns letter of sugport, Since:elv � �J✓(ik�t� _ - % 1� �/g'�xx;r,�� l' � �� . t� � � ( � ;-- �l � Ei'� Q�T=TS £� 8G a-Q a�-�7 � � � Novemiter 5, 2�fl� Scsnic �iills Alteraative +�are 2187 Bonnie i aM- St Paul, A�II+T 55119 To the atternion of The Boazd o£zomng Anpeals; We/I _��, ��, q.,�.� r,rl3�.n the family member of � � �� r, ,,, , w1'i"o is a resideui az Scenic �3i13s Altemative Care, beJieve it w'�uld be tuifair and unjust to make Judath Fssiiag remove the ki#chen in the lower levei of her �ouse at 2387 Bonnie Iaue. t2emova� af this kitchen would mean the reiocation of five of the residents that haae made Scsnic Hiiis their homes, some af these resideuts bave Iive3 hera np to sevemm years, and consider tiiis their home_ The reiocation of these residerns would most likely mean they would have ta go 2o a mirsing home, whese ihey would not be ab3e to recieve the quaiiry or cansistenca of care #hCj� FCCEit78 ffi SC.°.ii1C H�SdIS, 3I3d �115 il] OiEI' Op1Ri0II W011Id be unjvst, casysidering the �tciien iaa ihe iow� level o£ttsis fiouse 4�as e:c'ssted for thirteen years, and has uever cause3 a problem $efore. In addition: {��el free fa write any additionai cammsnts here) �' � 1D C�Y�,`u- `�-�� .�u°`L w7 � t.vr. � � U� ew,� ��.L..� �,�ei,�`' �+e-c�„� ��Sc� �-��^, 0. ms-�: -�µ �z �-4a;�;..,�L,a �,-h� .A�� C�c*s�a �=�e�`� V-1� rn�-J �j.Y "' ., .."- c�' G7uLi ��L.LV� lt3 i` �.SLO�+.aPn`1 L4� � CS�.� il ��..=� U +(�n'l+u,0 c� R�T�Lk `t�'VvYI. C�>.,`l52 .�� -'� "`L'`-� C7ta.� �,�,,� �1;,,,/�f�vti-� � u U �T� �-�-�'°n't ��i�'..t�� { '�.�;,��' �� .�o V� . 4 'i'�ank you for time iu reading ti3is letter of supgort, SinceralY, � 1 ��,�.`u`�,�-. �C�.� �� . :�"�-� i� C�.Q�-L.,�� f �. �.c.�.,.�.� e,� �� C �r� � z:.. �' lr1 S!� � lo �1 — 1�-! C� 1 ; � �...� �a��r-1 C�S-'-c`'--'v , �.� Q � �� - ; � � � �?i�TT £0 SG �aG Oz'*� o�y-3 � November 10, 2003 Sce�ic Hills Adternative Care 2787 Bonnie Lane St Pau3, 3�3N 55119 To ihe atte�rion of The Board ofZoning A�Peais; t z � � _ an em lo Care etieve in wouid he nnf�ir aa� u �� nic Iiills A2ternative the lower levei of 2 Y 87 Bonnie Lane. �st to make Juc�ith �ssling remove the kicchen in .RemovaT of this kiichen wouid nai only �� tha relocation of $ve Tesideny�, but wouid mean a cut in staffwhich s�rexild re.sutt in misplac°.d workess, d�e to the fact afthe kitchen � � �� B O�I� L�� eY would ioss one of their licenses, a��f �ere wouid be no nes3 far approximatety six to nine employecs. �Yhich wonld mean the lay o�'/ cut zn hours aud the loss opbenef�tS op#ho� nine emptoyess 3, � c � a �� them for n;y f�� being an Empjoy� og Scenic i�ills depend on LS; so the removad ofihis kiichen wiit not outy affect the rasidencs and their famiIies, it also effects the lzveiy hoad of we that work at Scenic Hiils. Whic.h in rehiru will smpact the community astd ihe unempIoyment rate. In addition: (F�] ¢� t �e ��, �ditional comm� }� ) Thank you for your time in reading this teiter of suPPo� Sincerely, ----�_ � �`. . � � �C� �ci�Il £D 80 a�Q � �-307 � ivoveaibea� 10, 2003 Scenic Hil}s Alternaiive �are Z 7 87 Bonnie Zzne SL 1�au1, NQI 55? 19 To ihe atteation cf The Board of Zaning t`�geals; �, ��tXf�l'ifY,'�� N'C'�C�•?c, an employee here ai Scanic I-Ii115 Altetnative Caze believe in would be unfair uajasi to make Judith �ssting remove the kitchen in the lower leve3 of 2187 Bonnie Lane. Removal af this kitchen woutd not only mean the relocation of five residents, but wouid mean a cui in sta$' which would result in misplaca3 workars, due to the fact if Yhe kitchen is remove3 2187 �onnie Lane they would Ioss Qne of#heir licenses, and there would he no need for approximataly six to nine employees. Which would mean ihe iay off / cut in hours and ihe 3oss of ben�ts of those nine employees � I, �� '�{'�� j�C*� r�a A 7�4at be�ng an employee of Scenic Hills depend on them for my fimcat stability, so ihe rem val of this kitchen will not cnly effect ihe residents and their familaes, it also affects ihe liveiy haod of we #hat wosk at Scenic Hills_ Which in return will impact #he con.inunity and ihe unempioyment rate. dn addition: �ee3 free to write any addaiional cammenis here) Thank you for your L"ame in reading tkus leiter af supQoR, Sincerelv. � � ��-�, i aa•d �s��r e� aa �=a D`I-3o7 � tiovember l0, 20t33 Scanic �iilts Ahernative �are 2? 87 Bonnis Lane St Paul, ?S�T 55133 To ihe attenrion of Tae Boazd af Zoning Appeals; �` „ •, r ; � I,=��n ; �. :,` :� '1an employee here at Scenic F�ills Alternative Care beFiave in would i�e un�air au�d un��ist ta make 3udith Ess�ing rerflove #he ki#chen in #he lower Ievel of 2387 Bonnie Lane. Removai of this kitchen would noY oniy mean t�e re3ocaaion of five residents, but would mean a cu*_ in sta�which would resuh ir� mi'spiaced workers, due to the fact ii Fhe kitchea is ramover12187 Bomue I.ane they would loss one of thheir 3i�enses, and there wo�ld be no need #'or aupro;cimaiely six to nine employees. Whic:; would mean the tay off I cut in hours and the iass of benefits of those nine emaloy�s ,, .�.'= ��i - •r.�� <`; ::-. � 6eing an employee oi Scanic Hilis depend oa tham for my finicaI stabality, so the reinovat of this kitchen rvili not oniy effect the rzsidents and their famiIies, it atsa effects the Iively hood of we thaY work at Scenic Hiiis. 13�3uch in reiun wiii impacY #he community and the nnemploymeat rate_ In addition_ �Feel frea to wriie any additional corzEmenLs here) Thank yau for yaur #ime in reading this letter of supger� Sincerely, l�� ,��;,� , i;�, �� GC�tl EcT=ii �� $�J ��Q �y 3oz � Navember Ia, 2CO3 Scenic �i�7Es A}teraauve Care 2187 Bonnie Laue St Paui, �i 55119 To the attentian of The Board ofZoning Appeals; I � � an smpioy� he:e at Scenic Hills Alternative Care U ieve in wonld be---� ust ta make 3udith Essling remove the kitcixen in the lower level o£ 2187 Bonnie Lane_ Removai ofthis ldtchen would not only mean the reiocation of five resideriLs, but would mean a cut in stafFwhich wauld result in misplacerl workers, due to the faci if the kitchen is removed 2187 Bonnie Lane they wou3d loss one of theis licenses, and there would be no need for approximateLy six ta nine employees. Wt�ich would mean the lay off ( cut in hours and the loss of benefits af those nine employees , Y, � c �� - being an smployee of Scanic �Ils deaead on them for my aeat stabt iry, sas #he removal of this lcitchen wiIl not only effect the residents and their families, it atso effects LT�e lively hood of we that work at Scenic Hilis. Udhicda in return wiIl lmpaci ihe cammunity and the unemployment rate. Tn addition. {Feel free to svrite any additional couunents here) I'hank yflu for your time in reading this letter of suppor� Sincerely, � t � � �Z'd ec`I � i i F:1 RP. =aCf O't-3o� � cz•d Tiovember i0, 2003 Scenic Hills A�iernai'sve Caa-e 2237 �omue Lane St Paul, i�IlV 55179 To the attantion of The Board afZaning APPea[S, I, ��/,�(�� Ll �t"�/� an amgioyee hers ai Sc�nic I-�'ilis .�ttema#ive C� e b��e i�t would �fair aed uniust #o maice .Iudfih Essling ramove the Idtchen in dae Iower tevei of � 187 Bannie Lane. Remova2 of this kitchen wouId not oniy mean the relocation of �ve residems, but would mean a s�i in sta$' which would resiili sn misplaced workars, due ta the fact if the kitchen is removed 2187 Bonnie Lane they wauld loss one of their lirznses, and there wouid be no need for approximaze(y si-c to nine employees. �Nhich would mean the lay aff! cut in i�ours and the Ioss of benefits of those nine emp3oyees I, NI ��l ��l ! r �,! �� / being an employea of Scanic Hiils depend on them fe � Cnical stability,,�a the rsmoval ofthis kiichen will not anly effect the residents and their fams!ies, it also efiects the fively 800d of we that svork at Scenic FIills. Wliich in retum wi77 imnact the commeu3itq and the unemploymeut rate. In additioe, (Feel free tc �rrite any additionai comments here) Tl�ank you for your time in reading this ietter of support, Sincerely, � _� � � �� ?? � ti °ET = T I Ef7 8fl �aII L�-3a7 � tiovembe: I0, 2fl03 Scaaic Hil4s 9lternative Care 2287 Bonnie Lane St Pae3, �111V 55119 To the artention af The Baarfl of Zoning Appeals; ?'��-f�� Ci��:'��1( S an employee here at Scenic Hills alternarive Care be?ieve in would be and unjust to make Judith Hssiing remove ihe kitchen in ihe ]ower leve] of 2187 Bonnie Lane. Removal of ihis kifchen would aet anly mean ihe relocation of five residents, bnt would mean a cut in staff which zvou3d iesult in rmspiaca3 worke: s, due Yo the fact i£ The kiichen is removed 2187 Bonnfe Lana they would ioss ane of their licenses, and there wouid be no neet3 for approximatsly six to nine employees_ Which would mean the lay off/ cut in hours and the loss afbenefits of:hose nine emp�oyees � I, �{CilG�sa,.� �.i, �-y��`"�•1o:�� being an emplopee of Scenic Hiils deQend on them for my finica� staoi acy, so #ixe removad ofY}us kitchen wdl9 not only �ffect Yhe residents and iheir �amiiies, it also efFeets The iively hood ofwe that worSc at Scenic I�ills. 4Yhic3a in reiairn will impact ttae comsnunity and the unemploymeat rate. In addation: {Feel frea to write any additional comments here) � '1'}aank yrn; for yous #ime in read"ang this l�tter of support, Sincare}y, ��. �� -(�-� �;�-� �� 1 , , sa-d �£,.T? s� a� �a� 0�-30� � jiove�be: ? 4, 20fl3 Steuic HiHls A_3t�rnative Care 21$7 Bonaie Lane St. Paut, MN 55 i 14 To ihe attemian of The I3oard of Zoning Appeais; I, ��,/�.t .(�� .�, ,c�"�,r . an smpioy� here at Scenic Hills Alteznative Care aeiieve in would be unfair and unjusi to make Judith Esslsng remove the kitchen in �.ne iower leve! of 2187 Bonnie Lane. Removai of#his kizchen yvould aoL anly mean #he reYocation of five resideats, but wouid mean a cut in staff which ..uould result zn mispiacad wt�rkers, due to th� facx if the kitshen is removed Z i 87 Bonnie i,ane thep we�ld loss one of their Iicenses, and there would be no need ior aaproacimate}y six to nine emgtoyee.s. Which wou�d :nezn the lay of�! cut in hours ana the loss of l�enefiLS of those nine emplayees - �� _� j, '' �Z,d/(.t�C%Q— � being an employee of Scanic E�'il?s depend on them for mp fini�rl stabflity, so The reinoval of Yhis k'ttchen wiil not only effect the residents and their families, it alsc3 e$'ecss the ]iveiy hood af we ihat �vork az Scenic �Ils. Which in return vnll impaci the cammunity and the �aner�ployment rate. In addition: (F�1 free to write any ad8it;onal cammenis here) ?'hank you for your time in reading this letter of suPPo� Sincere7y, �- , �_ �/ IF r � � .C� � ,� ,; � � � i � �d �-•• e:I=iI ED &� =aLT o�,i 307 � November 10, 2003 Scanic H3Ils Al#erna#ive Care 2187 $onnie Iane St. Pa�I, IviP3 551 I9 To the attention of The Board of Zoning Appeals; �� 7��' = ��2.i rrR or- aa employee here a# Scanic Hills Altemative Cara believe in would be aniair and nnjust to make 3udith Essiina remove ths kitchen in the tower levei of 2I87 $annie Lane. Remouai af this kitchen would not only mean the re4ocation of five residents, bui would mean a cut in staff whic� would result in mispfacad workers, due to ffie fact if the kitchen is remaved 2187 Bonnie Lane ihey would loss one af Eheir lic, nses, and t32ere wauId be no nead for appro�mateiy siac to nine employees. Which would meao the lay off/ cut in hours and the loss of benefits ofthose nine employe�s � �. r1t t �i�C r�' being an emgtoyee of Scenic Hifls depend on tliem for my finicai stah�litij, o a�e remava� of 23�is �Stchen wild not osily effect the residents and their families, it aisrs effects the live3y hood or"we that work at Scanic Hills. Which in retum w;ll impact the cammanity and 4he une:npioyment rate. In addition: (Fee! frce to write any addational comments here) T:�ank you for yozr time in readiog this letter of support, �incprelv � r � �� 8z'_ e�T�,TS £C 8n oe�* D�-3Dz � Nove:nber 10, 2Q03 Scenic �$s Alluna#ive �ar� 218? 8onnie Lane St_ Pau3 M�i 55I 29 To the at2ention af'fihe Board af Zonin� Appeals; �, �� 'i �� 1� �12 5 an empIoyee hese at Scenic Hilis A3temazive Care be3icve in wo�id be �ufair and unjust to make Judith Essiing remove ihe latchen in the :ower 2evef of 2 I 87 Sanuie I.ane. I2e�rioval ofthis idtc:�en would not oniy meau the reiocation of nve residents, but� wauid mean a cut in staff which wou�d msult in misplac� avorkers, due to the fact if the kitc.'�en is removed 2187 Bonnie Lane they would loss one of iheir licenses, and tkiese woulci be aa need far apQroximateiy six to nine emgloyees_ Which would mean the lay offJ cut in hours and the loss ofbanefi2s ofthose nine emaloyers �, �/ 70� �� '�` being an employee of Scenic i�itls depend on � them fer r� 5nicai stabi3ity, so the reaaovai of t;�is kitchen wili not only e�s'ect the resideats and iheir famiizes, it a]so effe�•s the lively hood of we xhai wark ai Scenic kiilis. Which in reLum will imnas ?he cammunity and the unemployment rate. In additfon: {Feel fres to rovrite any additioQal ccsmmeuts here} Thank yAU for your t'sme in reading tiiis letter of suppor� Sincereiy, � �� t��03 � '�� . Ec'� e�r:Tr cn sxr �zrt py 30 � �iovember 14, Zfl03 Scauic H�3ls Aiternative Care Z 187 Boanie Laue St. Paut �T �5119 To the attention of The $oard of Zoning ApQeals; � L, u t Gv c_ ! u�- P r� an emptoyee here at Scenic FisIts Altemative Care beiieve '� wauld be u air and unjust to rrtalce 7udith Essling remove the kitchen in the lowe: levei of 2187 Bonnie Lane. Removai of this kitchen would not only mean ihe relocation of five residents, but would mean a cui in staff which would resalt in misplaca� wackezs, dae to the fact if the kitchan is removed 2187 Bannie Lane they would loss one of their licenses, and ihere wouid be no nead for approx.iiaately six to nine employees. Whi ch would mean the lay off ( cut in hours and the loss af benefits of tiaose nine employess � I, ,�—�� a T b-� ,�n being an emplayee of Scenic Hiils depend on them for my finical stabilii3; so the remova� of this kitc3�en wi1l not aniy effect the residents and their famiiies, it also effe�ts the lively hood of we that work at Sceaic Hilis. W}uch in retum w"sll impact ihe cammwuty and the unemployment rate_ � ?n addiLion: (Feel frea to wriie any additional commems l�ere) Z 4. m 0. 1� o r' r� ��. 5 rn o-c-h �;,-- o� -�u ��t r � L7 ,� c�' v� � r� . � v> � � ;�'c�. � �t. � �- ,- +-� � � vt �'1� � C � s�-r : n � � e� v ,r . � u v-; �� -�-ln 8 Se-�'G. r c� +, �� t Ye �. c� L, t�. v, eryrP lo� arE� j `�" W t� t�l � r� � � C�. �t' ir � v , S �- -f- � �P � - �1� i S -�-- �y t3-r � . �" � i;n c� Gi vl ��-v� S'� �� c3 �n cP Y � S �� c� �2 rit-� c� � Thank you for your �me in reading t.tiis Ieiter of support, � Sincerely, �; l'1 � i � G£'d e�i:TT Fn �r; oarr 0�-� :�•� �e�al � November 10, 2003 Scenic Hills Alternative Care 2187 Bonnie Lane St_ Pau� MN SSl l9 To Ehe atie�ion of 3'he Board of Zaning Appeals; � I, ��,�� , j� d an employee here at Scanic Hiks Alternative Caze be2leve in wo d be un€air an+ njust io make 3udith Essliflg remave the kiict�en in the lawer tevei of 2187 Bannie Lane. Removai of' Lhis kitcher would not onty mean the re3ocation of five residents, but would mean a c.ut in staff which wo�ld result i€� misplac�tf urorkers, due to the fact ifthe kitchen is removed 2187 Bocmie Lane they would loss one of their lic�nses, and there wauld be na need for approximately si:c Yo niae employees. Which would mean the Iay afr'! cut in nours and ?he Ioss of berefits of those nine empdaye�s 1, ��f�'iE/��f:r'/ being an employ� of Scenic I�alts aepeed on � them for my fin��t}� so 4� removat of this kitchen will no# oniy effeci the residents and iheir families, it alsa ei��cs the livr,�y hood of we fhaT work ai Scenic T-�ills. Which in remrn will impact #he cosnmunity and the unempioymeirt rate_ � I / n � addition: (Feel free to wrixe any addi2ional co enis here) ��-� /.'G )` :.�� ,-; -, w / // ,� yfLe G� �- i �� .G� G 2Gtt,YY"'/c.L- �CCC_�3� �c,�`��-:'�ilY�ii fri.l . / i / ' . 7C�Gc:c.'G ,i�-�'�� :.C.t; • _�ic�t� �GGt`'.�J �f`7.11,lLE- -��f�':.fi Lc �� Gu-'�fzl{Z�G / ' . c�///r ��/rILL 'i"�"'��?!/;G't � c.F�'�d �%L%r?C; ✓�� tJ Z�c; c.�c.�.C�r�S � ��'�;f �--'r't�f /r=". :J �'� � . . Cr'�.�c�::t.f�'.r�. /lL��%�-�J Slo �`r� �-�%�i' :/7�.0 .��/1fc��i �� ls'-- t�iU� ��SL. �� :�%fc<,� �Gii .'�� "� s�huz �i �rc.G7.l�� `%�c( . /�1J�c� �•�i��c� :�:f�- �_�z•..�:��/��,.c��, .�9c�� f'�._�ir-��; ��n� c.l7arlr� C�' - �L�'� % <�,�L �.,�i� :�-a � c'?�°«a.zG 19f7 / C� IL � Cr.r7%�. �- . �1C�c� �L/i� L�2��L-�:rrc�e� �i�.c�� ti, �!%�%!�G ` / ��. � � e �c�_`"c1�.� �C/�f�:i< ��i`�-�� r.Ul� . � i�li.,t./ � / Thank �u for our tsme iu reading Uus ietter of sup • `/ CZt �/�� '-�Yi1�121'l c,� :/�i£'G'��'ct.'�fGi t/ ccC�.� '�`"��'� G��ncere wJLL2"h i�C rirl-` _ f'�G�u.�� `�U'�/"�CQ'/J ��K c.�G� � � � - : . _ </�cf, SCJ� ��ic� c.�/�.L1G�«:lJ �l�'G� '.� �CC�� 1�:�=c�/i' .� % C��::� �/ , �11n=,-; SL� ��CE, �+;F j��. , / �`/c-c�� !r�%�- G�-yc �.� c�'7' Y`fi:; Jiva'% �� ,..,t( J� �/CG�f .=-r,lL c-C�'-,�1�, C .-,�1Gj=c�.-/Y( ��a�/GG`G�C.� c_�:i�'�c CL_/s,:.,J�� 3�P�- ' - �� - ��, ' � �—! • � /�.. � v G��'�'�"Zr'<=G(L� C. � C� 7 /r'u: �c�.�L�� . _t� .L, « �zC �� . �.f { ( � , �U-`, � ��G� G�� '� L �� ...t;� �J o«�`� ,c��/�-c.�`4:. J � f f_�1 �/u c�'<.iuc, :.r��ic"c�.r �/�, Gf-lr�'� ��sr��w"! �i7osi a fi�� G� �/r�: ` 1w�'-cir.�Gt'7 ;7ccc� ..�--� '� � '��; �' :��.x.�Y�- / 1��.��. f2/cG �'-'Ca� � ��.,-,.� . �u.�Glf/cE-tt(' - �� 1.�, ty / ; c ,; �• - J 4 =�`G�> ,-;-�t''-.�=T,i � L� � G�vl�c'.�/C-C<<c.[,C�.°�� ,� � G 2/ �� /�� %`•`�`�>��'�,✓�y:..=l7G�s'L='-f� G5i-��`'-�" L. ZE°d --- etr:t? cn an aart oy�3a7 Paoe 2 of 10 l_I � 2CO3 WL 22846�9� —N:�ti2d— (C:te ^ns: ZG03 Y�Z 22346093 ('13inn_�pp.)) Only tY;e Westlaw ciration is carrendy available. Court of.�ppeals of l�iinnesota. CTTIZENS FOR a BAL�`ICED CITY, et al., Appellants, v. PLY4IOUT�I CONGREGATIO�TAZ, CHU'RCFI, Defendant, PLYVtOtiTH CHURCH N�IGHBORHOOD FOLnDATION, Respondent, CITY OF .VIIIVNEAPOLIS, Responden[. No. A03-190. Dea 2, 2003. Citizens' oiganizarion sought }udicial teview of a decision by ciry council granring spacing ordinance waiver, condiuonal use permit, and masunum occupancy vanance for supporiive housing faciliry. The Dishict Court, Hennepin Counry, John Q. �icShane, 7., af3irmed, and citizens' oiganizahon appealed. The Court of Appeals, Robert H. Schumacher, J., held thaT. (1) citizens' organization had standing; (2) spacing ordinance waiver was reasonabie; (3) conditional use permi.t was proper; and (4) record supported b ant of variance for extra iesidents. Affumed [i] Action �'0 13k0 k. When a pariy does not have standing a courc does not have jnrisdiction to heaz the matter. (2] Actlon �0 13k0 k Because standing is essential to a jusriciable controversy, standing can be raised at any rime. (3] Action °��– 0 1=k0 k. Pa�e ' Standin� is acquired wuen a�arry has su�ie:ed some injury-in-iac�, or whea a paz.y s the beneficiazy of some iegis;arice e.Ractmeat �anhng standing. [4j .�ction �0 13k0 k. Zhe proper focus for a statutory standin� detemunanon, foc purposes o[ challengin� s municipal ordinance rule, regulation, decsion, or order is whether the parry seeking review is an "aggrieved" person; a person is "aggneved" when a municipality's acrion adversely ope:ates on his rights of property or bears directly upon his personal interest. Vf.S.A § 462361. [5] Acfion �0 13k0 k. To have statutory standing to challenge ordinance, mle, regulation, decision or order of municipal enriTy, a par[y must alle�e particularized injuries to his or her properry rights or personal mterests. M.S.A. § 462361. [5) Action �0 13k0 k. Citizens' organization had statutory standing to challenge city councii's grant of spacing ordinance wa�ver, condirional use permit, and maxunum-occupancy variance for supportive housing facility; c,tizens' otganization atleged that city council's decision would create a hyper-concentracion of those with chemical dependency or mental �llness, erode nei�hborhood diversity increase crime, require assistance from neighbors, and deter positive new business development. M.S.A. § 462.361. (7] Zoning and Planning �0 414k0 k. Zoning determinations aze not t�aditional civil appeals. (8] Zoning and P3anning � ='0 414k0 k. When reviewin� a zorung determinaTion, appellate (� courts review direcfly the municipalir�'s Coror. C West 2063 No Claim to Ong. U.S. Govt. Works � �/ / l��-�� 2003 WL 22846093 ---v.W.Zd -- {�ife as: 20ll3 WZ 22846093 (i1�Iinn.ApF•)) determination without any re?azd for the dissicT court's conclusions. V � (9] Zoning and Pianning �0 414k0 k. Tne siandard oY review m all zoning matters is w'r.erher the tacat authority's acrion was rea�onabie; a municinality's determination ;s "reasonable" when the stated :easons for its decision are lega$y sufficient and have a iactual basis. (10] Appeal and Error �'0 30k0 k. Interpretation of a federal statute is a quesrion of law reviewed de novo. [il] Civil Rights �0 78k0 k. liniawfiil discr,m'inarion under Fau Housine Amendments Act mcludes a iefusal to make reasonable accommodahons in rules, policies, pract�ces, or services when sucfi accommodahon r<�z.y be necessary to afford such person equal opporhznity to use and enjoy a dwelting. Civil Rights Act of 1968, § 30] eT seq., 42 U.S.C.A. § �504(Y�. (12] Courts �0 106k0 k. The Minnesota Court of Appeals is bound by decision of the Minnesota Supreme Court and the Umted States Supreme Court; it is not bound, however, by any other federal courts' opinion, even when interpreting federal statutes. [13] Courts �0 106k0 k. Although not binding on ihe Nlinnesota Court af :�ppeals, iederal court opinions &om beIow the Supreme Court level azz persuasive and should be afforded due defzrence. Pa�e 3 of i0 Page 2 a highly fact-specific inquiry that requues baiancing of the parries' needs. Civil Riefits Act of 1968, § 801 et seq., 42 U.S.C.A. § 3604( fl. [ISj Civil Rights �0 78k0 k. To find an accommodation zeasonable under Fair Housing Amendments Act, it must be capable of produciag desirable results, and must not ir.�pose undue financial or admims�ative burdens; the cost �atysis inc2udes bath fmauci� aad administrative costs and burdens. Civil Ri�hts Act of 1968, § 801 er seq, 42 U.S.C.A. § 3604(�. jlb� Civil Rights �0 78k0 k. When considering a waiver to zoning ordinances, an accommodarion rzquired by Fau Aousing Amendments Act must not be so at odds with the pwposes behind the zule that it would be a fundamental and unreasonable change. Civil Ri�hts Act of 1968, § 80? et seq., 42 U.S.C.A. § 3604(f}. [l�] Ciril Rights �0 78k0 k. Iu the context of [he Fair $ousing Amendments Act, "necessary" requires a showing that the desired accomznodaTion wiil affumatively enhance a disabled person's quality of life by ameliorating the effects of ihe disabiliiy. Civil Ri�lits Act of 1968, § 801 et seq., 42 U.S.C.A. § 3604( fl. [13] Eivil Rights �0 78k0 k. Under Fair Housing Amendments Act, a zoning ordinance cannot give disabled people less opporiunity to live in certain neighborhoods than people without disabilifies. Civi3 Ri�hts Act of 1968, § 801 et seq., 42 ti.S.C.A. § 3604( fl(3)(B). (19j Civil Rights �0 78k0 k. [1?� C�vil R�ghts �'0 The Fair Hoasiag Amendments Act requires a 78k0 k. waiver of a zoning ordinance if the �varver is capable of producing desirable results Lvhile aot The test o£ whether aa accommodarion is imposing undue financial or admims�ative butdens re>sonable undez Fair Housina Amendmenu Act is on the municipality and u needed to allow disabled i Copr. � W"est 2003 tio Claim to Ong. ti.S. Govt. Works �� ^:?�: `!7nnt��estlaw_cnm(deliverv_n�l�desr=atn�?zdatairi=a��SR00�!':0�i915�(1O;4 �Fifi9 1 �iA/�l1�; d y-3a? Pa�e 4 oi 10 � � 2003 WI, 22846093 _".V �h�.2d" {Cite as: 2003 R'L 228�6093 {.Ylinn.App.)) aeople :he sane opportunity to live in a certain neighborhood as people withouT disabilihes. Civi: Rights Act of 2°68, § 3Q1 et seq., 42 U.S.C.A. § �604(fj(3)(B). (20j Civil Righu �0 78k0 k. Spacing ordinance waivez :or supporave housing facility was reasonable accommodation under Fair Housing Amendments Act; one-site sunporlive services were necessary, supportive housin� was not widely available, proposed faciliry would fill a need for supportive housing, prospective tenants wouid be people currenUy living in the nei�hborhood in temporary housing, faciliry would be directly across the street from a church, which would make management of facility more efficient and zfFecrive, facility would be in pro�mity to businesses, bus lines, and recreational and cultural venues, and assertion that faciliTy was not in the best interesY of the commwuty was uasubstantiated Civil Rights Act of 1968, § 801 et seq., 42 U.SC.A. g 3b04(�(3)(B). j23 ] Zoning and Planaing �9 414k0 k. Under city ordinance, supportive housing facility was a pemutted use in Office Residence 2 zone, entifling faciliry to conditional use permit. [?2] Zoning and Planning �0 414k0 k. A municipality's decision to grant or deny a conditional use permit or variance is a quasijudicial decision that should be afforded great deference. (23j Zoning and Planning �'0 474k0 k. On appeal from a grant of a conditional use permit or variance, the appellate court reviews the zoning acrion to deTernvne wheTher The decision was reasonable. j24j Zoning and Planniug �'0 414k0 k. Pnoe .'�, something more concrete than neienoorhood opposirion and e;yressions of concem for public safe.ry and welfaze. [25j Zoning and Planning �0 414k0 k. Once an applicani meeu the requuemeats for �ranting a condiuonal use permit, approval of a permirted use follows as a matter of right. [2b] Zoning and Planning �0 414k0 k. Record in zoning case supported ciTy council's �rant of variance to supportive housing facility to exceed the 32-resident maximum provided in city ordinance. Syliabt�s by the Court *1 The federal Fair Housin� Amendmenz Act requires a municipaliry to grant a waiver of a zonine ordinance where the waiver is capable of enhancing a disabled person's quality of life by ameliorating the effects of the disability whila not imposing undue fmanc:al or admizustratio'e burdens on the municipality and is neede3 to a11ow disabled people the same opportunity to live in a neighborhood as peaple without d'asabilities. Hennepin County District Court, File No. CT01020005. Michael O. Freeman, DeAnne M. Hilgers, Courtney M. Rogers, Lmdquist Vennum, P.L.L.P., Minneapohs, MN, for appellants. Mary Cullen Yeager, Deborah 1. Mackay, Faegre Benson LLP, Minneagolis, NiN, for respondent Plymouth Chwch Neighborhood Foundanon. Jay M. Heffern, Minneapolis City Attorney, Cazol E. Lansing, Assistant City Attomey, Minneapolis MN, for resnondent Ciry of Vlinneapolis. Considered and decided by �I.APHAKE, Presidiva 7udge; SCHUMACAER Jud�e; and PORI1'SKY, Judge. [FN*] � Denial of a conditional use must be based on OPINION Copr. � West 2003 Dio Claun to Orig. U.S. Govt. Works � � �J o�-�� Page 5 of ? 0 ZOQ3 WL 22846093 -- N. �N.2d -- (Cite as: 20t33 WL 22846093 �Iinn.�pQ.)j ROSERT A. SCHUivfACHER, Judge. Citizens for a Balancetl Cih aud numerous mdividuals (collec�veIy Citizens) appeal from the disuict cour,'s suuuxiary judgmeni, which found that respondeat City of Minneano&s had not acted azbitrarily, capriciously, or unreasonably in granting respondent Plymouth Neighborhood Church Foundation a spacing ordinance waiver, a conditional use permit, and a masimum occupancy variance. We affirm. FACTS In early 200?, rhe Foundation a faith-based-non-profit otganization, purchased an aba�doned 1?Q-bed nursing home iocated at 2920 LaSalle Avenue. The Foundation intended to coavert �e space into the "Lydia House," a supportive housing facility, consisting of 40 efffciency apai'tuents desi�ned as permanent homes for adult men and women who are curren8y fiometess or living in temporary sheIters and are disabled because of inenta? illness, chemical dependency, or HIVlAIDS. The Foundation considered 1920 LaSalle a prime locafion because Piymoath Cangregational Church is locaFed across the street and already operates related programs, the proposed resideats currently reside in the azea, aad Simpson Housing Services—the supportive services providez--is in close proximity. The Fouadation considered tke locarion unique aad did not believe an acceptable altemafive location exisYed. Because thz proposed location was wirhin an Office Residence 2 zoning district, the Foundation was required to obtain relief irom certain zoning ordinances before proceedin�. First, supportive housing is atlowed in an Office Residence 2 zoning dishict as a condirional use, which requires a pemut from the city. Second, a new supporcive housine iaciliry must be locate3 at least a quarter-mile from ce_�tain types of e;isiing facilities. There is no procedure for obta inin� a variance from this spacing requiremeat. Third, the Foundation musT obtain a variance from ?viinneapolis because Lydia Aouse would be serving more than 32 residents. At least seven facilities of the type covered by the spaciag requiremant c;ureaYly e�st within a quarter-anlz of 1920 LaSalle Avenne. Those Page 4 facilities include (1) 180 Deerees Inc., a community correctional faci2ity; (2} People Zncflrporated tiancy Pase Progratr�, a coaununity ;esidential faciliry; (�) Oak Grove Residential Treatment a communiry residential facility; (4) NZJ Way House a commuaity residential faciliry; (5) Home Away for Girls, a communiry residential facility; (6) Project Foundation, a communiry residentia? faciliry; and (7) Childten`s Residential Treamment a communiry residenteal faciliry. None of these seven facilities appeaz to offer permanent housing to Lydia House's proposed zesidents. *2 In 200i, Foundation filed an application for a coaditioaal use permiY ant3 a maYimum occugancy variance and sought a spacing ordinance waiver,- al2e�ng the Fair Housing Amendment Act prevented the appficarion of the spacine ordinaace in ttris instance. Area neigfiborfiood organizatiotts sponsored :he Lydia House Task Force to evaluate the potentiai impact Lydi.a House might have on t[ie neighborhoods. The task force concluded Lydia House would have a deh impaci and submitted a report to The ciry pIanning department stating ihe conditional use pemut, variance, and waiver should not be ganted. The planning departrnent prepazed a report detailing the facts and azguments the city planning cou�mission should conside:. The conimission reviewed the Foundation's application and the plaaning depaztmenYs repon and held public heanngs. At the canciusion of the final heariug, the commission voted to gra¢t a spacing ordinance waiver as a reasonable and necessary accommodakon im.der tiie Fair Housing Amendment Act, to grant the conditional use permit, to �rant the maximum occupancy variance, and to adopt the planning department's findings of facY. Citizens appealed the pIanning commission's decision to the 114inneapolis City Council. In Novembex 2001, a public hearng was heid before the city counciPs zoning and planning committee. The committee subsequenfly recommended that the city council deny the appeal and directed sTaff to prepaze findings of fact The city council uaaaimously adopted These findings and deaied The appeal. Included in these findin2 was a conclusion that The Fair Housing Ameadment Aci maadated ?vSinneapolis b ant a spacing ordinance waiver = 1 Copr. OO West 20Q3 No Claim to Orig. U.S. Govi. Works � 1 , 1" `J r , �� 0�-�07 Pa�e 6 of 10 � 2003 wZ 2234609� --- N. �F/.2d -- (�ite as: 2003 WL 22&36093 (_YIinn.App.)) because it was a necessay, reasonable accoa�ocation ior disabled persons. Following the city council's decision, Citizens appealed to the Hennepin County Disuict Court. The parties su»mitted cross-motions for snmmary iudsment. In January 2003, the dis�ic. court �ranted the Foundation's motion for summary jud�nent. ISSUES 1. Do Cinzens have standing to chailenge Minneapolis's zoning decisions? 2. Was Ntinneapolis's grant of a spacing ocdinance waiver to the Foundauon a reasonable action requlred by the Fair Housing Amendment Act? 3. Was Mlaneapolis's grant to the Foundarion of a conditional use pennit and a maximum occupancy variance reasonable? .AlVALYSIS � [1][2] 1. Mmnezpolis chalienges Citizens' stand'mg to challenge zts zonmg decisions arguing Citizens has not complied with general standing doctrine and that they are not "ag�rieved persons" under Minn.Stat. § 462.361, subd. 1(2002). When a party does not bave standing, a court does not have }�u'isdicrion to hear the matter. Aanandale Advocate v. Cfity of Annandale, 435 N.W2d 24, 27 (vlinn.1989) (stating standing is essenYial to court's exercise of jurisdicrion). Because standing is essential to a jusriciable connoversy, standing can be raised at any Hme. See Lucio v. Sch. Bd. oJ Indep. Sch. Dist. No. 625, 574 N.W2d 737, 739 n. 2(Minn.App.i998), review denied (Minn, Apr. 30, 1998). � T3 [3] Standing is acquue3 when a pariy ha: suifered some "injury-in- fact" or when a party i: the beneficiary of some legistative enachneni 2ranting standing. State by Humphrey v. Philip Morris Inc., 5�1 N.W?d 490, 493 (Minn.1996). S±anding to address zoning decisions is statutorily esanted. Vlinn.Siat. § 462.361, subd. I. The stamte provides: Any person aogrieved by an oidinance, rule, regularion, decision or order oi a goveming body or board of adjustmenu and appeals acting pursuant to secrions 4623�1 to 462364 may Page � bave such ordinance, mle, reguia�on, dec;sion or order, reviewed by an approprate ramedy in the dishict court, subjec: to �e provisions of this secrion. Id (emphasis added). Because standing is statctoriiy define3 in this case, Minneanolis's refiance on "general standing doctrine" or "injury-in-fact" analysis is misplaced. See Philip Morris Inc., 551 ti.W.2d at 495. j4][5) The proper focus for a standin� defermmarion under Miim.Stat. § 46236I is whether ihe patty seeking seview is an"aggrieved" person. A person is "aggrieved" when a municipality's acrion adverseiy "operates on his ri�hts of property or bears directly upon his personal interest." Stansell v. City oj Northjzel�l 618 N.W.2d 814, 819 (Minn.App.2000) (quotarion omitted), review deneed (Vlinn. Jan. 26, 2001). Additionally, a parry must alle,ge "puticularized injuries" to his or her property rights or pezsonal irnexests. Id. [6] Aere, Citizens alleged the following harm� would result from Minneapolis's actions: (1) [A] hyper-concentration of those with mental illness or chemical dependency rising to the level of one-third of the popularion in the defined neighborhoodj;J (2) [E)rosion of the neighborhood's well-established divezsity[;] (3) [I]ncreased crime and behavior requirine police intervenrion. Slock patrols have experienced difficulty recmiting patrol walkers as a result of the existing level of crime and threatening conditions_ The addition of Lydia Aouse inereases the population needing protection from crime and threatening conditions and increases the likelihood of incidents requiring poiice intervention[;] (4) [1]ncreased resources from those living and worlang within the defined neighhorhood, in particulaz to assist a project that has been poorly organized and developed by a group lackia� experience and expertise in providing for this population[; and] (5) [D]eterrence of positive new business development, dete:rence of retaining current businesses and deterrznce of families movine inco the neighborhood, resulting in a dec2ine in the livability of the neighborhood and an increase in blight. Thi> includes the loss of the Turtie Bread � � Copr. � WesY 2003 tio Claim to Ong. U.S. GovT. 1b'orks 0��7 2003 WL 2�846093 --- �-W •?d -- (�Liie as: Z7303 WL 22&1b+343 (�Iinn.Agp.1? deve]opmenT aY �Y'icallet and Franklia subsequent to ... (iYfinneapolis's] eranting of the waiver for Lvdia House. "1liese statements demonsuate particularized injuries to Citizens' righzs of properry or their personai interest. We conclude Citizens is an ag�ieved person under Minn.StaT. § 462.361, subd. 1 and tfierefore, has standing to challenge :l�inneapotis's zaning decisioa. *4 2. It is undisputed ihat the proposed residents of Lydia House aze disabled, Lydia House is a supportive housin� faciliiy requiriag a spaci�g ordinance waiver, the Fair Housiag Amendment Act app]ies Yo mnaicipal zaning ordiaaaces, and Minneapolis determined the Fair Housing Amendment Act required them to grant a wa.iver because it was a reasonable and necessary accommodafion ior disabied persons. But Citizens azgue the distriet court arred in finding the federal Fair Housing Amendment Act of 1938 to Tide VIII of the Civil I2ights Bill requued a sgacing ordinance waiver for Lydia House as a necessary and reasonable accommodation. t Zoving detemrinations aze not "traditional" civil appeals. See Northwestern College o�. City of Arden Hzlls, 281 N.W2d 365 868 (Minn.1979). When reviewing a zomng determination, appellaTe caurts review direcfly the municipality's determination without any regard for the districY court's canclusions. Id. "The standazd of review in all zoning matters is whether the local authoriry's action was reasonable." Sz Goix Dev., Inc. v. Cirv of Apple Palley, 446 ti.W2d 392, 397 (Minn_App.1989), review denied (11�Iinn. Dec. 1, 1989). A municipality's detezmination is raasonablz when the stated reasons for its decision aze legally sufficient and have a factual basis. Nonhwestern College, 281 ti.W.2d at �68. tntexpretarion of a federal staiute, however, is a question of Iaw zzviewed de novo. V¢ina v. Best W. Inn �Ylaplewood, 627 N.W?d �24, 328 (Mian2001)> Cimarron Vill. v. Washington, 6�9 N.W2d 811, 81� (.�bfinn_App.2D03). Therefoze, This court will review de novo what the rair Housing Ameadment Act re�uires, but we will :eview Minneapolis's decision to �rant the waiver only to determine ii it had a legally suffieient and factual basis. [' lj Tne Fai� Housing Amendment Act pro�ides Pa�e 7 oi 1G Pa�e 6 ibat it is unlawful (fl (1) To dis�T+m;nate in the sale or rental, or to otherwise make, unavailable or deny, a dwellino to any b¢yer ox renter because oi a handicap of-- V (A) that buyer or renter (B) a pexson residing in or intendin5 to reside in ffiat dwe2ling after it is so soid, rente3, or made available; or (C) any person associated with that nerson. {2) To dis 'm;na� againsf any person in tfie terms, candirions, or privileges of sale or rental of a dwelling, or in tfie provision of services or facilities in connection with such dwelling, because of a haadicap of-- (A) that person; or (B) a person residing in or inYending to reside in that dwelling a$er it is so sold, rented or made available; or (C) any person associated with that person. 42 U.S.C. § 3604(fl {2000). UnlawFul disrrin�tion inclndes "a refusal to make reasonable accommodations in mles, policies, pracrices, oi se:vices, when such accommodation may be necessary to afford such person equal opportunity to use and en�oy a dweIling." Id at ��)�B)� [12][13] The parties provide extensive fedezal case law zddressing numerous conflicu between zonine ordinances and the Fair Housin� Amendment Act. This couri is bound by decision of the Minnesota Supreme Court and the United States Supreme Court. Jendro v. Honeywetl, Inc, 392 N.W2d 683, 691 n. I{Minn.App.1986), review denied (Nlinn. Nov. 19, 198�. We aze not, however, bound by any other federal courts' opinion, even when interpreting iederal statutes. Northpointe Plaza v. City oJ Rochester, 457 N.W2d 398, 403 (Minn.App.1990), affd 465 N.W.2d 68b (i�tinn1991). Although not bindin„ these other federaI court opinions are persuasive and should be afforded due defezence. Id. at403-404. *S CiYizens argue this court shoutd adogY the reasoning of Familysryle of St. Pau1, Ine. v. Ci1y of St. Pair1, 923 F2d 91 (8ffi Cir.1991), and hold the Fair Housing Ameadment Act does not apply to ordinances tfiat aze rationally related to legitunate state interests. We conclude Familysryle does noc address the Fair Housing Ameadment AcT's unambiwous language that failure to provide a necessary, reasonable accommodation is unlaw;ul Copr. � West Z00� Vo Claim to Orig. II.S. Govt. Works �� o y-3a� Pa2e 8 of 1G i � � 2003 WL 22846093 ---�.w za-- ;Cite as: 2003 WL 22846093 (:VIinn..�pp.)) disciimination. See ?2 LT.S.C.. § 3604(�(�)(Bl imin f2000). RaYhe;, we find Oconomowoc °esidential Proo ams, Ine. v. City oj Midwaukee, 300 F3d 77� (%th Cu.2002) to oe a more well reasone3 op3nion, consisteat witfi �e Fair Aousia� Amendment Act's piain lan�ua�e and choose to follow that reasoning. [1�][15][16] The test o£ whethei an accommodation is reasonabie is a "luPhiy fact-specific inquiry° that rzquires balancine of the parYies' needs. Oconomowoq 300 F.3d at 784. To find an accommodarion reasonable it must be capable of producin� desirable results and must not impose undue financial or adminisnarive burdeas. Id. The cost analysis iacludes both fmancial and adnumstrative costs and burdens. Id. �Vhen considenng a waiver to zoning ordinances, the accommodation must not be "so at odds with the purposes behind the rule that rt would be a fundamental and unreasonable change." Id. (quotation omitted). [171[18] Necessary is defined as "(n1eeded to achieve a certain result or effect; requisite.° The Americnn Heritage CaTlege Dictionary 9ll {3d ed.2000). In the context of the Fair Housing Amendment Act, "necessary" requires "a showing that the desired accommodarion will affumatively enhance a disabted [person's] quality of life by azneliorating the effects of the disability:' Oconomowoc, 300 F3d at 784 (quotation omitted). ?1us means the zoning ordinance cannot "give disabled people less opportuniYy to live in certain neaghborhoods than people wrthout disabilities." Id. {emphasis added) quotation omitted). [19) We concIude the Fair Housing Amendment AcY requires a waiver of a zoning ordinance if the waiver is capable of producing desuable results while not unposin� undue financial or administrarive burdens on the municipality and is neaded to allow disabled peogle the same onportunibj to live in a certain neighborhood as peaple without disabilities. [ZOJ Having deternuned when a reasonable accommodation is necessary under the Fair Housing Amendment Acc, we next consider whether that requuement was a legally insufficient oasis for itiiinneapolis to �rant a spacin� ordinance waive:. 1ne .lYiinne2polis Code of Ozdinances provides: Supporrice housine shall be located at least Page 7 one-fourth (li4) mile from ail e;is�ng supporCve housin� and from all of the iollowing :LSes ... a. Community carrectional fac:lity b. Communirv resideatial faciliry c. Inebriate housin� d ylotel e. Ovemi�ht sheltez. Minneapolis, �rtinn., Code of Ordinances § �3620, Suppomve housine (I) (2003). [_�'1] But the code aiso requ'ues "th regulauons shall not be applie3 so as to prevent the city from maiang reasonable accommodation as requized by the Federal Fair Housin� Amendment Act of 1988." Id. at § 520.80 (2003)�Furthermore, we conclude the unambiguous language of the Fair Aousing Amendment Act requires a city to make reasonable accommodation in its generaily applicable zoning ordinances when the accommodarion is necessary to give a handicap person equal opportuniry io use and enjoy a dwelling. See 42 U.S.C. § 3604(fl(1), (3)(B) , Thecefoie, the requiremenTS of the Fair Housing Amendment Act are a legally sufficient basis to grant a waiver. *6 W"e now analyze the record to deternune if a s bonificant factual basis e�sts for fmding the spacing ordinance waiver was reasonabie accommodation and was necessary to afford Lydia House's proposed residents an equal opporhmaty to use and enjoy a dwelling. The city council's fmdines of fact detail both why the waiver is reasonable and why it is necessary. The clty council found The warver was reasonable because it "will not impose a financial or administtarive burden on the Ciry. [And Lydia House) ... will not fundamentaliy alter the City's land use or zoning scheme." The ciry council reached this conclusion based on the following facts: a. The vast majority of housing units in the surrounding area are multiple- fanuly, rental housi�g. The zoning of ihe surcounding azea allows for high- density residenrial use. Conversion of the former 140-bed nursing home inYO an apaitment buildin� with 40 efficiency units is compatible with the surrounding residential uses. b. Therz aze several businesses, supportive service uses, and cultural and recreational uses in the area. The suppor�ve services associated with tiie [Foundation] faciliry will also be compatinle Copr. � West 2003 No Claim io Orig. U.S. Govt. Works I l �-C i t \ o�-�� Page 9 of 10 Zfl03 4iR 2284b09� -- ti.W.Zd -- {�ite as: 29�3 WL 23846093 {,�Sinn.App•)) witti uses in t�e surtoundin¢ azea. c. Assertions +hat either The existing eight �acilities rhat aze reIevant to the I/4 mile spacing requirement for fthe Foundation], or the propose3 [FoundalionJ facility, fiave or wiIl have a deh-imental efFect on crime leveis, property vatues, development acfivity, businesss vitalify or the stabiliry of the azea are unsubstantiated by the evidence in the record of this matter. d The impacT of an additional supportive housing facility in tbis 1!4 mile azea is nutigated by Yhe eYishng popularion density, the prevalence of mulriple-:amily residentiaI dweIlings in the azea, and the fact that three of the eight e�sting faci2ities are sapazated from 1420 LaSalle by Intersrate 94. The city council conc2aded tfie waiver was necessary because: a. Cu-site supportive services are necessary to help residents with disabilities and a history of homelessness to maintain physical and menEal healTh employment security, and independenT living sfatus. (T'nis section also includes a foolnote that states if the services were provided oif-site Yhe sgacmg requiremeut woutd nac appiy). b. Supportive housin� for °pennanenP' tenancy (as opposed Yo shelYers or traasihonal hovsingj is a zeIatively new concept and is not widely available in [Yiinneapolis]. The [Founda�oa) proposal will help fill a need for permanent supportive housing options. c. It is expecTed that many of the prospective Yeaants wifl be peogle who are curcendy living in tempornry housing in the neighborhood The jFounda2ion] facilily wi17 provide an opporhiaity for permanent housing in Ytris neighborhood for these and other individuals. d. The proposed faciliry is direcdy across the sueet from Plymouth Cangragational Chureh and (the Foundation] offices, wluch will make maaa�ement of The LaSalie facility more efficieni and effective and which will eubance the opportunity for communify buildiug opportunities between the housing residents and sponsoring organizations. *7 e. The proximity of 1920 LaSalie Yo [NSinneapolis'sj cenffal business dishici, communiry retail services, several major bus Iines, recrearioaal and culhual venues, and government and social service providers is important to #he viability of this fiousing faciliry for tenants in need of those types of services and Page 8 who aze exnected to rely fieavffy on public trausportatzon. f. Tfie assertion that ihe estabIishment of the proposed [Foimdation] facility aT 1420 LaSalle is not in tfie best interests of the prospective residents due The number of other people receiving supportive seroices in the area and because they aze perceived to be "vulaerable" to criminal activity in tfie azea is unsubstanriated in the record for this tnatter. These facts support Minneapolis's finding that the a waiver oi the spacin� ordinance was a reasonable accommodation necessary to afford Lydia House's proposed residents an equal oppommity to use and enjoy a dwelling. Based on the municipality's record and our interpretation of the Fair Aousing Amendment Act, we conclude its decision is Iegaily sufficient and has a factual basis. Yiinneapolis's decision to �ant the Foundation a spacing ordinance waiver for Lydia House is reasonable and must be affiimed. [213[22][23] 3. Citizens argue the graat of a condi�onal use pezmit was arbitrary, capricious, and unreasonable because zhey presented suificient evidence that Lydia House woutd be dehimental ta the public health, safety, comfort, or general welfare and therefore, they azgue, granfing the peraut does not conform to SecAon 525.340 of the Minneapolis Code of t3rdinances. A muaicipality's decision to grant or deny a conditional use permit or variance is a quasi judicia7 decision that sho[ttd be afforded great deference. Honn v. City of Coan Rapidr, 31S N.W.2d 4d9, 41b-17 (ivlina.2981). Oa appeat from a grant of a condirional use peraut or variance, this court reviews Yhe zonine action to detemline whether the decision was reasonable. Id. at 4i7. [24][25] "(Djenial of a condirional use must be based oa something more concrete ihan neighborhood opposirion and expressions ot concem for pubiic safety and welfaze." Chanh¢ssen Estates Residents Ass'n v, City of Chanhassen, 342 N.W.2d 335, 340 (A�Iinn,1984). Once an app&cant meets the requiremenis for granting a conditional use pezmi� "approval of a permitted use follows as a maiiex of rigbt." Id. � • Here, supportive housing is pemvssible itt an Office Residence 2 zoning districYS so long as tlie "use compIies with all other applicable provisions � � ,�-- � Copr. OO V,%est 2003 tio Claim to Orig. U.S. Govt. Works � , L�_.// ,a . .,� _ _/�_, __.La___tn� . ,. n � . '1 pnrvnnnnnein�n+:nnn nr +nin��n.+�+ 0�-307 PaQe 10 of 10 u � 200_ WL 22346093 -- ti. W'.23 -- {Cite as: 2003 iVL 22846093 (D'Iinn.App.)) of this ordinance." _ltinneapolis;_ vlinu. Code oi Ordinances § �47.�0(c), Table �47- 1 (2003). The properry at 1920 LaSaIle is in an O�c� Residence 2 zonine district, and Lydia House is a supportive housina faciliry. The:eiore, iL is a permitted use. Lydia House pmduced sufficient evidence for Minneapolis to make all the necessary findines, which it did when it adopted the findings of the planning department and explicitly incorporated the plannin� department's report by reference. The requirements for grantin� a condirional use pemut were met and anproval followed as a matter of ri�ht. T4ie grant of the condiAOnai use pexmit is affirmed. *8 [26] The Minneapolis Code of Ordinances limits supporrive housing units to 32 residents. Id. at § 5362Q Supportive housing (2) (2003). Minneapolis may g*ant a variance for this occupancy Zunit if snecific fmdings aze made. Id. at §�25.500 {2003}. Cifszens az�ue the:e aze no valid �indings in this case because they are not in wriring and do not have "reasonable support." But Minneapolis's findings of fact mcorporated by reference the planning depar[ment's fmdings on both the conditional use permit and tl�e variance. The planning departmenPs report details the basis for each fmding required by Secrion 525.500 of the Minneapolis Code of Ordinances. Minneapolis held a public heazing and received substantial correspondence both for and against the aranting of the variance. The record in tivs case sapports a conclusion that the city council's =rant of The vaziance was reasonable. DECISION i NLinneapolis determuied it must grant the Foundation a spacing ordinance waiver because the Fair Housing Amendment Act requued the waivet as a reasonable accommodation necessary to provide disabled persons equal oppornutity to reside in a certain neighbozhood. The Fair $ousmg Amendment Act's reguizemenTS aze a legaliy sufficient �round to gzant such a waiver and Minneapolis's had a factual basis to conclude the waiver was a reasonable accommodation necessary to afford Lydia House's proposed residents equal opportuniry to reside in this neighborhood. Further, ;VIinneapolis granted the Foundation a condi�onal use pernut and a maximum occupancy variance unde: The �Iinneapolis Code of Ordinances after conducting nublic hesrings. Vlinneapoiis's giant oi Pase 4 the w�ver, pe.-mit and variance was reasonabie. 4tie a�.um the dishict courCs �ant of summ2ry judgment. affirmed. FV* Retired jud�e of the dishic, court, serving as jud�e of the 1Ylinnesota Court of Appeals by appomtment pursuant to Nlinn. Const. art. VI, § 10. FNi. The Foundarion applied for the conditional use permit, maYUnum occupancy vanance, and the spacing ordinance waiver in 2001. The Minneapolis Code oP Ordinances was reenacted in 2003. The current lanpuage in the Code appeazs to be idenrical to the oxdinances in effect at the time of ihe Foundation's application. 2003 WL 22846093, 2003 4VL 2284609� {Mmn.APP�) f � �Z�S�I�1��7 Copr. � West 2003 No C1ann to Crig. li.S. Govt. Works <'1 ,,. �� _J 05F-3o7 Bt3AR�3 flF zi3NI�TG A�'PE_"-�i.5 S'�"AF� �tEP��T T�'PE f)� APPLICATI�3N: AP�LIC�'vT: �IEARING I3�''TE: LflC�'I'IflN: LEGAL �9ESCl2I�TION: PLAt�TN3NG I)IS�'1?ICT: PR�SENT Z�NIYG: REP�RT DATE: �E.�3LINE ��R A�TI�N: Adminish Review JLTDITH B. ESSLPi IG November 24, 2003 2187 BOVi� ZANE Z�NIIV� Cfl➢E IZEFERENCE: 54.2U4 LEONARD OAK HII.LS NO. S LOT 13 BLK i R-LL; RG3 November 6, 2003 December 23, 2003 FTI.� �03-381�92 BY: John Hasdwick DATE R�CEI3iEI3: OcYober 24, 2003 A_ PiJRPt)SE: Appeal of the Zoni�-�g Administrator's decision that there are two dwelling units in the buiIdine at 2187 Bonnie Lane and ordering the removal of one of the units. B. SI'I'E A1�I� ��2�A CON3�3T'Id)NS: This is an inegular shaped parcel with frontage on Bonnie Lane and Boxwood Street, Surroundin� Land Use: Single family homes. C. BACKGR�IINI3: In response to recant complaints, zoning staff from the Qffice of License, InspecTions and Environmental Pmtection ( LIEP} along with an inspector from the Fire Deparhnent inspected the referenced property. The inspecfion reveaied that there aze twa dwellin� units in The building and the property owner was subsequently ordered to remove one oz the units. The applicant is appealing that order clanning that it vio2aYes both state and federal law and that the Zoning Adm:nistrator erred in his determination that there aze two dwellin� units in the building. D. ZflNING C�D� �I'TATIONS: SecYion 64.204 (c): Any person affected by a decision of the Zoning Administrator may appeal thaT decision to the Board of Zoning Appeals within 30 days of the decision. �a>= ; oe : �� . o5�-3a7 � File �Q�-�81592 Staff t2epor Section Sil.?Q4 {d}: Dwellina IJnit: A bulding er portion thereof, designe� for occupancy by one fzmily for residential purposes used or intended to be used for livin�, stzepin� anci cooking or eatins purposes. V Sec#ion 50.407; In the R-LL One-Fzmily Residenti�l Dis�ict aIl uses and structures shall confonn to the principal uses as permitted in Section 60.412. E. FINDINGS: L In 1990 the applicant obtained a building pe:mit to construct a single family home on this site. In 1992 the City received a complaint that this house was converted to a dupiex. A,7 inspection of the house revealed that a separaYe dwelling had been estabiished in the lower level of the house and was being rented out. The unit consisted of a kitchen, bathroom, li ring room and three bedrooms. The applicant was ordered to vacate the dwelling unit on the lower level and return the house to a single family dweiling. In 1993 the lower unit was vacated and the applicant stated her intention to use the house as a single family home. Earlier this year the City received another compliant that the honse . was again be:ng used as a duplex. An inspection af the house on September 19, 2003 revealed that �here were again two complete dwelling units in the building. The lower level, with a kitchen, bathroom and bedrooms, ciearly meets the defirrition of a dwellin� unit as does the upper leveis of the building which also contain a kitchen, bathroom and bedrooms. 2. The house is being used as a Freestanding Foster Care home. Adult foster care is a permitted use in this zoning district. Under state law, a single family home may be licensefl as an adult foster care for five (5) residents, (Minn. Stat. § 256B.0919, Subd. 1.) This building eurrently has two separate licenses (five under each license) issued by �.he Ramsey County Human Services Department for adult foster care for a total of ten (10) facility residents. These licenses saem to indicate ihat under state statutes and county licensina rules, the licenses were issued to a buildino containing two separate dwelling units. � 3. The orders issued on September 19, 2003 do not require The appellant to discontinue adult foster care at this location. The orders only req�ire the appellant to comply with the zoning re�ulations regardin� the numoer of dweiling units aliowed in this sin�le family zoning districT. After the kitchen is removed from the lawer unit, the home would sTill be licensed for aduit foster care. The City's order to remove the kitchen and reduce ihe number of dwelling units in the building does not vioiate state or federal laws or niles. / � ��Q� � or s � � py-3a File �03-381 �92 Staff Report �F. -Tne appellant sets forth in he: appeal certain claims to legal nonconformin� st�tus for the use of the bi:iiding as a duplex. �Tnder Section 62.102 (� le�al nonconform.ing staTus may only be ;ranted by the Planzung Commission provided that the Commission makes certain fmdines. However, that is a szparate procedure and uuless the Plaiming Commission �ants a nonconforming use permit pursuant to this section, the usz cannot be legal:y noncenforming. The claim of legal nonconfornung stai�zs mnst �e pursued through the proner channels and is not germane to this appeal. E. DIST�2IC�' Ci�LT'�i +�iL R�C(�Mi�1EN13ATi�N: As of the date of this report, we have not received a recommendazion from District 1. F_ Ct�RRI�ESPf�N�3�i�ICE: 8taff has received several phone calls from neighboring progert�� owners in opposirion to this appeal. � G. S�'AF'�' Ri�t3il�iMiN3� 4Tyf3�d: Based on findings 1 through 4, sYaff finds that the Zoning AdministraTor di� not err in his determinaiion or orders and recommends denial oi the appea3. � Paa 3 a 3 't � `+ � �, � 0�3 � �.:�,.r . :�� i '� �R� �►��.�c,�� aaa �,��a�. Depmtment �f Pftanning and Ec�namic Development Zoning Section 1�',(JO C�y Hai[ Anne� 25 fi'est Pourth Street Saint P�u� M.N 55302-IS34 _ (SSI) 265-6589 t�PPL1CANY s • • �{gy7yg Judith ?ss-in� 2�e r.sslin�'s Ao�e Plus, Znc. AddreSS 2187 Boaaie Lanz City St. Pau1 St. yN ZSp 5j11° UaytimePhone 651-270-552•7 Zoning �iie Name Leonard Oak Hil1s No. 5, Lot 13 Blk 1 Addrass/Lacation 2187 Bonnie Lane, St. Paul, MN 55119 '4''!PE OF APPEAL: A�giication is hsrsby made for an appeal to Yhe: � Board of Zoning Appeals � CiYy Councdf (a),tb) Under ihe pravision oi Cha�tes 64, Secfion 204 Paragraph and (c) of fhe �oning Code, to appeai a deCi5iot17n8de bythe zoninQ sp°cialist John Hardwick in the OLfice of License, Inspections and Enviror.mental Protection on September 25 . 20 03 . File S�3umber: Unknown {date of decision) C,Rt3i3h1t3S �tDR AFP�AL: Expia'sn why you fes4 there has been an error in any requirement, permit, decision or refusal made by an administrative official, or ara error 9n #aot, procedure or �ind'ang made by the 8oard of Zoning Appeals or the �3anning Commission. See attached letter. r� ! ; ,' � � (ai#ach addiifonal she�# if nec�ssary) Appiica�,#'s Si�na#ura�rr/:�G, .�i�-� Daze ��/ a3 U3 Ci'sy %'� � i �� 1.n / �� .- "i � � - ...'1 ,�^� D�f�3o� 4 1�� i �'� .{t.ome}s ct La�-. ...c�;m L<e�L;y Pzrmersn�o :�] SCLLti:.'IBVP;Ith SCR?: Sc.e %000 V-Lanezpous, �iV na0? ':e'eot;ane � 6 >- 3.Q • 89V0 r�•2��310� �.^�0 wwwnCerla.rc�r=_- � 3`imothv J. No3an (612) 340-891 I gnoian@ride:iaF�.com October 23, 2003 VIA �APP� I3�LIVERI' Janeen E. Rosas I3irector of Office of License, Inspections aid EnvironmentaI Protection City of Saint Paul Zoning Adrninistration Lowry Professional Buiding 350 St. Peter Street, Suite 300 Saint Pau3, iVti�' S� 102 Re: Applicaron for Appeal and Request for Administrative Review fer 2187 Bonnie Lane Our File \o.: 19433.R29732 John Hardwick Zoning Specialist City of Saint Paul Zoning Administration Lowry Professional Building 3�0 ST. Peter SfreeT, Suite 300 Saint Paul, MN 55102 Dear Mr. Hardwick, Ms. Rosas, and the Board of Zoning Appeals: Piease be advised that I represent Essling's Homes Plus, 1nc. and Judit3z Essling ("the Esstings") in resard to tt�eir longstanding operation of an adutt foster care program at 2187 Bonnie Lane {"Property") in Saint PauL This letter is in response to Mr. Hazdwick's letter of September 2�, 2003 and is an attachment to the Esslings' Application for Appeal and Request for AdminisTrative �2eview by the Saint Paul Board of Zoning. It is my nndersTand;ng thaT the CiTy of SainT Paul ("CiTy") is attemptin� to force the Esslines to dest:oy the second kitchen at tne Property, which cauld result in the Teruination of hatf their adult foster care program, which has operated at the Bonnie Lane home for more than 10 years. Such a result would represent obvious and si�ificant harm to my clients and their elderiy residenis. The City's Order of September 25, 2003 tkat the Esslin�s remove a kitchen in their home is a violatior. of both state and federal law, and is dependent upon an erroneous intarpretation oi the City's o�un zonin� ordinance. The purpose of this letter is to estabIish the Essiings' grounds ior appeal and explairi why the City's zoning department has made an error in its order. � � n l� � � � os�-3o� RRn�,"��,1x�T�, L�P � �3LBSIl t',. �6535 ?onrl �-?ardwick Octooe: 23, 2003 PaQe 2 �:OIALYSIB • � �� Q+��. � L'J _ vZJ f� T�e i,se at 2187 �onnie Lane is a Lawfnl Conforming tise as an �dult Foster Care i�ome and is �ot a Violation of the Si. Paul Zaning Code. The plain language of ihe Zoning Code pernuts foster care homes as a principal use for residential zones. Saint Paui Zoning Code 60.412(8). While in the September 25, 2003 letter the City claims The Essiings' use violates the Code, foster care homes are specifically allowed as a permitted use in all residenTiai zones of the City, inciuding the R-LL zone in which the Bonnie Lane property is located. See Zoning Code §60.407 {R-LL shall con£or_m to the uses specified in §60.412). See also �560.412 {8) and (9) (specifying foster care homes are a permitted pzincipal use). The definition of a foster home in §b0.206(� is a"dwelling unit in which a foster care program that is licensed by The commissioner of human services. .. is operaYed in the principle residence of the ]icense holder." 7udith Essling does reside at 2187 Bonnie Lane. A foster caze home is thus a legally permitted exception to the general definition in §60?04{d) which Mr. Hardwick quotes in his letter: "A dwelling unii is 'a buildine, or portion thereof, designed for occupancy by one family for residential purposes ..."' V According to the plain language of the zoning code, the residents of a"dwellin5' unit may be either "one family" or a foster care program. The Esslings run a fully licensed foster care pro�am on the Property. According to the City`s zoning laws, group homes may locate in residential areas as a matter of right, and are not a prahibited use. See Costlev v. Caromin House, 313 NW2d 21 {Minn. 1981) {holding that where gzoup home followed all necessary administrative procedures and obtained necessary consiruction permit, the home fulfilled state licensure requirements and therefore must be considered a single-family unit by the city's zoning ordinance). 2. EvQn If ?187 Bommnie Lane is a Nouconforming Use, 3# Nlust Be Allowed to IZemaiu As a Pr�exfisting iTse. The �/Iinnesota Sapreme Court has made clear tha# a residential zonin� ordinance may consYitutionaliy prohibit the creation oi uses that are nonconforming, but existing noncanfom7uzg uses riust ei#her be pe:lnitted to remain or eliminated by use of eminent domain. Countv of Freehom v. Ciaussen, 295 Minn. 9fi, 94, 203 N.W.2d 323, 325 (1972}; Oswalt v. Ramsev Countv, ;71 N.W.2d �41 (Minn. Ct. App. 198�}. The frst *.ime the Esslings applied for each of their adult foster care licenses at 2.87 • Bonrue Lane, the �Iinnesota Deparhnent For Human Services conducted a licensing study � parsnant to Minn. R. 9�55.6125. lhe Commissioner of the Department of Human Se�nces L'� evaluates the land use plan when censidering whether to �rant a license. See �Iinn. Stat. §�^ � L � Ri�e:i83�ve:: os�-�7 �� ,Y�,� �x, �.�.� Janaen E. Rosas John Hardlvic:� October 23, 2003 Paee 3 c-�� 2^-.SA.l1 Sabd. 4 Also, as past of the licensin� study, "at leasT 30 days before the initial license issuance daie, the commissioner shall aotify the local zoning admiaistrator in the jurisdiction where the res:dence is iocaTed of the &c:nse apptication." vlinn. R. 9555.6i25, Subp. 6. Each time the Esslin�s applied for and obtained t� eir initial Iicenses for adult foster care ihe local zoning admixristraTor was notified and found no o6jectio�. The lack of objecYion at the time af application su�Qests an implicit endors�me�t thaY the Property was being used in a manner consistent with no# only the State`s public policy for elder3y residen�ial care bui also the City's zonin� laws. For over 10 years, the Property has been used for an adult foster care program. Dur.ng that time, the City Zozring Department and the Ramsey County CommuniTy Human Services S3epartrnent had fizA disclosure of the Esslings' use of tl�e Praperty. The use of the Property has not chaaiaed. The zonin� has not changed. No permits have been applied far thai might trigger a zoning review•. Instead, a sma1: �oup of hostile neighbors have commenced a campai�, with the apparznt endorsement of the City, to drive the Esslings out of this neighborhood. To su��est that the Property is now nonconforming is an ezroneous application of the City's police power. The Property at 2287 Bonnie Lane has lwo kitchens; however, the Property operates as a , single family dwelling, has one main front door for in�ess anfl egress, and is recognized in county property and Yax records as a single-family residence — not a duplex. As a single family dwelling, it is a leQal noncanforming use and should be permiited to remain. In Tne altemaTive, ever if the Property is considered To be a multi-family residential use, it should be allowed to remain as currently improved. Accordin� to Minn. Stat. § 245A.11 Subd3, any permitte3 muItifamiIy dweIling may be used as a eroup residential facility ta house up to 16 residents, even if it is located iu a single family district. See �enerallv Nlinn. Stat. § 245A.11, �ubd. 3. Although a municipality may require a candifion or special use pemut, such conditions imposed may not be more restrictive tkan those on other residential properties in the same zone. Id. Surely ihe City does not mean to sug�est that it has never allowed other single family dwellings in residential-zoned neighborhoods to have second partial or full kitchens (colloquialiy termed "nother-in-law" units) as part of the property's main structure? 3. In This �ase, the':IaniciQal Zoning �ode is Preempted by State Law and Palicy. The Mumesota Attomey GeneraI has statzd in an opiruon Ietrer thaf a municipal zoning code may not restrict licensable foster caze homes by limiting the number of residents to less than the number per.mitted by the state licensing law. Op.Attv.Gen 4776 34 Cr. 59a-32, Apri12b, I982. In that opinion, The CiTy of Long Lake had a zoning provision requiring a confliYional ase per:nit `or homes providing foste; caze for 3 to 5 chil3ren, yet the state 1aw expressly atlowed state-ticensed fflster caze homes to serve 4 to 5 residents w�thout a conditional use permit. ��+ � `v � i � RtDe'RHEVVE:T 05� 307 �21DER ��VNE'i'T, �Z� �; �� _�- ;�� -�-��`��__-_ Li ,; �. 2 c G' G, ^. f ) �-,� � 7aneea E. Rosas 7oh� i=�ardwicY October 23, 2C0� Paee ^-. . � The opinion interpretzd l�iinu. Stat �&245,781 to 2?5.812, which we:e the predecessors to the current lYlinn. Siat. � 2?SA.11 regulafing foster care licensin� capacity. � ne attorney �eneral stated "l�Sunicipai zonin� orZinances and codes cannet ove�ide state law and policy ... If state law and the ... zoning ordinance cantain provisions that are ureconcilable with each other, state law prevails zad ihe zonin� code provisions are invalid." Id. �. Ii t�e �it�,� �nforces 3ts {3rder that the Esslings l3estray Their Se�ond 3�itc3�en, the Essiings Will Have a�3aim Under the Fair Housing Amendments Act of 1938. The Fair Housing Amendments Act of 1988 {hereinafter the "FHAA") Pub. L. No. 100- 430, 102 Stat. 1619, codified at 42 U.S.C. § 3601, et. seq. extended the protection of the federal fair housino law to persons with disabilities. 7he FHAA prohibits discrimination on the basis of a physical or mental handicap. 42 U.S.C. §3604(fl(1). 5eciion 3604(�(i) of the FHAA makes it uniawful to "discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a l�andicap of (A) that buyer or renter; (B) a person residing in or intending to reside in thaT dwelling after it is so sold, ranted, or made available; or (C) any person associated with That buyer or renter." Furthemore SecYion 3615 of the Fair Housing Act invalidates "any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter." 42 U.S.C. §3615. The FHAA requires defendants to make "reasonable accommodations in rules, policies, practices, or services," when such accommodaTions would enable a person with disabilities to live where �.e or she chooses. 42 U.S.0 §3604(�(3j(B). The tenn °disabilities" has been consuued to include the elderly. See, e.�.. Hovsons. 3nc. v. Townshi� of Briek, 89 R3d 1096 {C.A3 (N.J.) 1996). The Essiings' adult foster care has eideriy residents who are nonambulatory and iherefore couid be shown to be disabied. The necessity for a second kitchen that is easily accessible to tbe elderly residents at 2187 Boruue Lane is a reasonable accommodation that the City may not circusnvent with its zoning policy. The presence of a second latchen to serve �he needs of the elderly residents at 2187 Bonnie Lare would not impose si;nificant administrarive or financ:al burdens on the City, nor wouid it unde:�ine the zoning scheme - especially considering that the property has operated w?Th its improvements ar.d residents for many years already. F�.Lrthermore, Section 3615 of the Fair Housing Act invalida[es "any 1aw oi a State, a politicai subdivision, or other such ju�-isdiction That purports to require or per_nit any action that � would be a discrimina4ory housing pracrice under trss subchapter." 42 U.S.C. §3b15. � The rHA.r� makes it unlawful io ceerce, inlimieate, or retaliate a�ainst someone for t navin� exe.cised �ghts protected by the FH�A. 42 U.S.C. §3617. Tne actions undertaken by � R�D23BEN.�'E'rT (X+-3�� Ex ��:v�� r, LLm Janeen E. Rosas John Hardw�c?c OcYober 23, 2003 Page 5 �-� �� _ � thz host-ile nei�hbors in �e community and ihe City of Sf Paul fhrough its Fire Deparhnent and Zozun� Depar�nent essentialiy constitute harassmenY a�ainst t.he Esslings and their elderiy ciients. The Esslin�s have peacefully operated their adult ioster program at 2187 Bonnie Laae for �ears under ihe curreat zoning 2aws, obtaining tt�e necessary liceases and complying with annual inspections as reqnired for licensing renewal. To have the City now clai�m that the Esslings must destroy their kitchen, evict their long-term residents, and 'ureparably dama�e their bnsiness represents dzsparate treatment violating anti-discrimznation law. 5. 3f the Cfiy E�forces Its flrder tha# tbe Esslings I3estray the Second Kitc�eu, �he �§slings �,3'ill Have a Ciai� for an [Jnconsti#utionai 'I'aking of Prapea�y Witl�out Just �ompensalion. The City of St. Paul has attempted to _ avoid the cleat requirements of the Fifth Amendment of the United StaYes Constitution, as applied to the staYes through the Fourteenth Amendment, by depriving the Esslings of their property rights in their second kitchen used to maintain their licensed adult foster care program. Simiiaziy, the vlinnesota Constiiution states that "[pjrivate property shaii not be taken, destroyed or damaged for public use, without jus# compensation therefore first paid or seeured." iViinn. Const. art. I, §13 (amended 1969). The • Minnesota Supreme CourY has consistently interpreted this constitutional grovision to mean that a takin� or damage can "arise out of any interference by the state with the ownership, possession, enjoymen# or value of priva#e property." Johnson v. City of Plvmonth, 263 N.W.2d 603, 605 (tilinn. 1978). The City's order that the Esslings remove their secand kitchen consritntes a direct and substantiai invasion of the Esslings` property rights and deprives them ofthe practical enjoyxnent of the:r property. If the Cit j forces the Esslings to remove their kitchen, their foster care license could be revoked and their adult foster caze program destroyed. The Esslin�s will have no choice but Yo seek compensation � the City through inverse condernnation to redress the destrucTion of their kitchen and their foster eare prob am. The Minnesota Supreme Court has stated that an inverse condemnation ciaimant can recover when there is "a �rect and substantial invasion of his property rights" such that he is "deprived of the practicai enjoyment of the praperty° and that "such invasion results in a definite and rneasurable duninution of the mazket value of the property." t�levizos v. Metropolitan Airoor�s Comm'n, 298 iYfinn. 4'71, 216 N.W.2d 651 (i974). The Esslings wish to conTinue the use af their residential property as an adult foster care for tse 10 residents who have Iived there for many years. For the above reasons, we ask that the City rescind its Order of September 25, 2003 that the Esslings remove the second kitcnen's appliances and sink, cap oii the Qas iine ta the stove, cap off the pluv�bing pipes to the s:nk, an� '� � nnd renlacemenc housing for some of the residenis at 2187 Bonnie Lane. � j�-- 3 � R?llE:Z32�'h'cTT 0�-307 R1n�� B�:v�vE�r�r, LLP � 7aneea E. Rosas 7c� Hardw=ck October 2�, �C4� Pa�e 6 Very tru?y yours, RIDER BEV�ivBTT, LLP �� 6 � , \ � �' � � �v W� � � � � Timofh� 3. Nolan � TJNljmh cc: Judith Essling Bridget Essling Jon Laininger, Foster Care (Adult) Licensing for Ramsey County Kazen Kieffer, Superviscr, Division of Licexisin�, Minnesota Department Services � . ! o�ies�-i .�-� s; .,__ �� s�r� �' � a`� :�; � �-__:� 't-1; .L of Human l � '� ,� , i � RIDER BENA'FiT ��-,�o� OFctCE OP L.*CENSE, 3MSPECI'SONS �YD ENVIiiONME�iT.1:. PROTECTION Janeen E Ras¢r, Drrzctor C�TY OF SAI�i i PALZ RmnljrC. KeZdy,.LPayor September 25, 2003 Judith Esslina 2137 Bonnie Lane St. Paul, Nl�T. 5�119 i.OWRY P.40FESSION�IL BL�7LD�'G Tetep'none.� 6�7-256-9G90 350St. PetzrSo-eet, Suite 300 FacsimiZe: b�7-266-9124 SainePauZ,M"vmesota55102I570 Web: vnvw_hen.us i2E: 2187 Ba�nnie I.ane: Inspection Findings and t)rder ta Remove Second �wel3inb Unit Deaz Ms. EssIing: t— T'r,is letter is a iollow-up to the inspecuon I conducted of ihe referenced property on September 1R, 2003 in response to a compIaint the Ciiy received regazding the number of people residing in the llouse. I inspected the property in the presence of your dau�hter Bridget, a representative from the Fire Deparhnent and two represeatatives from Ramsey County human Services Departnient net us at the� property, The house in question is located in an R-LL {Residential Large Lot) zoning district, The house has three IeveIs. Located on the Iower tevei are four bedrooms, a bathroom and a fuIl kitchen. On Yhe middle Ievei are a bedroom, a bathroom aad a full kitchen, The upper leve] has three bedrooms and a bathroom. I was advised that the house is used as an adult foster care facility i11at serves ten residents. There is also a staff person on duty 24 hours a day. R-LL is a sinale family residential zoning district. Buildings with two or more dwelling units are not permitted in an R-LL district. An adult foster care facility, when located within a sin�Ie family home is a permitted use in an R-LL dzstrict. Section b0.204(d) of the City Legislative Code defines a dwelling unit as " A buildin�, or portion thereof, designed for occupancy by one family for residential purposes used or intended to be nsed for Iivina, sleepine and cooking or eating purposes." As canfiwred, the house at 2187 Bonnie Lane, with its lower level group of rooms desi�ed ior living, sleeping and cooking or eating and its separate a of rooms desi�ed for Iiving, sleeping and cooking or eaiina on the second and third levels, constimtes a buildina w�th two dwellina units. Therefore, you must remove one of the kitchens in the building in its entirery. This includes the removal of ail appliances and the kitchen sink. The gas line for the stove must be prope:ly ca�ped off where it comes through the wall and the piumbing pipes for the sink must also be properly capped off where thev come through the wall. It is my urderstanding that the removal of one oi the ?�itchens may result in the need to fmd repiacement housing for some of the faciliry residents so I wiIl aIIow you six • mor.tl�s irom the date cf this letter to cor.lply. � �,� A�1-.�DA-EEO Enolover D�30'7 �'°�<� -_ . 2187 Bonrie Lane paQe 2. ��- ;.,'; _ � � ' .. �';�-,-_ Y -u-...`s=�._-.- � � � Ii yoL be?ieve that this dete.=mination and orde: is in error, vou may appeal to tre �oard of Zoning .�p�UE21S �0I' � r�ii:T."x1P�15t"iat1V� �P.VieOv. 1'OLI iIlUSt Sli�iJli111 2�C' �7Ci05�� f��L`D11C3ii0I'i i0Z n1J�7C'd!. specifyino the �*ounds for the appeal, alone wit�'� the appropratz iee to �'us ofrice within 30 days o* the rec�ipt of ihis ietter. . T'ne ?lannina Co�us�,ission, iollow�ng a pubiic hearing, can �ant legal nonconfornina status to nonconiomuna uses or straciures ii the commnission makes ce�ain findinas. I have enclosed an application form and iniorrnation or this process. You have a new house under constn:ction at 2170 Snowshoe Lane. I have not inspected that buildins but these same zequirements reeazding the number of dwelli��e uniis and icitchens apply to that house as well. Ti you have any questions regarding 1us letter you may contact me at 6� 1-266-9Q82 or fa,� me at 65? , 266-9099 or e-maii me at iohn.hardwick t'�vci.stnaul.mn.us. Sincerely, � lohii Hardwick, Zoning Specialist cc: Wendy Lane, Zoning Mana6er Pat Fish, Fire Inspector Peggy Neagile, License Supervisor Ramsey County Dave Haley, Executive Assistant Ramsey County � � � AA-ADA-EEO Emplover O`f-3o7 �:��.�� c� �� w sA��v� nav� _ -, i r�� — " � $UlLDlNG 3NSP£C71CN a DESiGN DIVISi�N � � . 15�N.KEiLOGG BLYD. , 445 C1TY HALL � , S7. PAUL, MN S-5 i02 ! --- . � L Perm�x \�o.' "_ ` � . .�'� 1 � ,�, - �� , ��i �� PLANiVO. �� y.-.. , �'� DESCflIPTiON OF PR�JEQT f -- , , .f � DATE �'1t�NER - /. s�� ;�� ' . � 4 " n =-t �- �L� � � �` � � ,. .. - __ - ' -Q#lftdf�SAf1t?R�SS �+ : :�.d -% !'�.:: �� .-" . . .- �� OLD W� TYPE OP 5. G, - � . . . � . . �" . . .. ., ' �NEW TYFE CDNST. �� .� • ' OCCllPANCY �`� ' � GRADING STUCCO OR , yy/ ` S_ �•-� � ❑ BtJtLJ ❑ AM1ID EXC. ❑ PLASTER � DRYWALL ❑ FE�C� I ❑ ADDlTlO QALTER C REPAlA []�1470VE ['jV✓RECK � Zy �� WARD L LOT STRUC- TURE oe, a STRE=T � ��1� LOT BLOC:C �+� � .CC�'�.t.�� WIOTH �EPTN ��`.�yp �Zc?-� wtar� . �-� , TED VAWE E r � nnnRxs: i3 a i �i i i ARCHI7ECT j n ) CIIAITRACT(�1 . r 4(�� 4 MASOWAY r � L- � f'�t.. . PERMiT FEE � �� 7 �y� •`! PIANCNECK 6 ��_� srare ) � 7 SUFiCHARGE �_ �-/ / _ 1 ;c �` �� ,tJ� sn � SIDE � CROS.STREcTS Sip l C !' !�,•2 ENT � f`10 .g`J9.� 7��tLS �c.it7.,s '_ARANCE 6UILDING LINE FRONT REAfl f d L 2� s nE�cs+r s�ora�es � zi � ✓` Tr�rei c3 nna nraFv sa FT. 3�(�J�j ��ucLUne � - / �,�� b � Q <<' ; f.'_�pr AC ; 7i.� k: n t`� �`, STqTE f � � VALUATION : � '� - fQTA� FEE ��, 1�'� APPLtCA,LT CERTtFIcS - (HAT ALt IN- , AORMATiOtU IS CORRECT AND 7HAT ALL PERTINEiJT STATE ftEGULATfONS ANO CIT,' CRDiNANC�� N(LL BE CCNi- PLIc� �N1TH IN PEftFORM3NG THE WOftK FOP, WFlCH i HIS PERMtT 15 ISS1J8f]. r r ' X , �� J ��-�/r�:�, y - " ,S�HIIR�.i2E2SlC-.lATURf �/' ESS & 7d�!" , s� �/__�!✓] J �-�rit.. �3�� z, � � � CASriIEfl VSE ON!Y WHEN VqL:QLiTEO THtS IS St. Code _ ADD R cSS CF !OB _ oy -�,� Z��I�N� rGr�!PLP,I�� T !J:CTf JF . {�JL''J�:Yv A1�JJ �liiLl'.�T�`:C r ..7J — l' .��"..�;L7�C�M'"'1 J... : �..�.� 1 �'�T1�C_� _ /1�`� ` ` A C.�'W' u � � �.:..�.- �: � �- f � �_Y�..., T�._�_ `J1'IV.•.�'.Y /�.� ✓�."' `�=.r%t .�iJ!._: S ?; G�i� ��,� �J / C.�._..,lii?�Ii DA__ 4v.Gx.-:-..:1 ' � n�.ra- ^�.� !�,� J t.t_i.�.�. �'� �,''� L � CO!�iTrSINP.�\t^ ?17D.TCEJS YdC�i: NC, DAT� � �� 5 �� \� � � ` , I -;� �` iP- � i � `-`-- t ; n' <2 / - . � L _ �� - 'r..; r P .... I. ' Y: . .r 9 t Y � < ` � $ � �,.,... ' ' �d�J . � �pa�° - i _ � � A,' = l i ,�-�= �_ /L� t - � :.,1.. � � � l"�,,� ,��: ��' � _ >i �'S�t; c' ' :'..- � ji'�i +i; % i r . �`�.'. _, ._ _� �ic'.. '".. . r. . ,.'.n�"'�� , ' � Zoni.� Cc,p�,a�nt ".o�Qin� Svstem Da� �: j�, � � _ � . p_an.-,�ag c_str�c� � ea�z rece'_ved(yy/��(ed) `fa � 7°� � ZOIIZ'_l� CiS�L1CT. _ l� L-L. COI.^.,L`ia�II� �}'Jc(SZE .Rr'_IIt]% `-' �,' 1 \ =iila„7°T .,_ =nc.^.cC�'_^v±S ° L1L;�:J°. O: �5'S �0 _ES�JGIIC � � .._Lc�_v=_ .��Sli2C V ' - �= (, / .) _ n�_mber or cays �., reso_Te � _ 4i'i�C.fl'.^,. OTCE=S �. �^i � 'J'_O �Il51v5�cIIL�B:`.2G o�f-3o� al ' OF S�'�v'T PA�J� , :cmes Scheibe?, Mava� � Sep£e�rzber �0, ? 992 Judith E. �ssliag Oeun Yoric Sopneap Chhur. 2I87 Bonnie .T,aae St. Paul, uI 551�9 3E: 2i.8% Bonr._e Laae De�� Praperty Gwners: O�� OF �Cu"iSE, L�SPECZ707�S �n EWIROhT:E.A�T."-.i. PR0 cCiiO:� Robelt A'uTa, Di: saor • BL'ILDINGINSPECZIGNAND 7zlepnor.e: 61?-<"98�Z12 DEJG.N Fncsimite: 222-2307 IS'rV. Kel�gg Baulevard Raam ?45 Cfry Ha[1 Sauet Pau1, Mlnr.esot¢ 35IO2 G;e have receivad a complaint that there are too many persons living at the referenced addrzss. The properCy is located in an 3-LL, residea�ial zor.i:g district, Our records in3icate t'r,at the buiidin� �ay only be used as a sing_e family dwelZi:tg. Er.c2osed are provisions 6Q.:?04 and 60.206 oi Sainr Paul Legislzt_ve Code which defiae the te "Family" and �'Dwelling L'nit". The de�inition oT "Family" in che zoning ordinance (see attached) aliows a maximum oi four unrelated individuzls iiving together ia a dwellia� unit. Within tne dwelliag unit, each individual may have separate sleeaing rooms but they c�nst shared the kitche�z 2nd re�reair.-ng 2iving saace togettter. �1n inspzction oi t!�2 buildirg is necessary to determine if�ti�e nse oi the premises is co3pliant with the City Zoning Ordinaace. An ir.spection is scneduled ior Tuesday, Sentember 22, 1992 at 2:00 p.m. I:eauest that you or a responsible adult be t'�ere so that ise m2y inspect the building togethez ane addrzss any concerns. You should also have a copy of the Iease azree�zn� indicacing the number oi persons residing in the build-n�. If a violaL=on exists, you will oe givea adequate tir,�e to bring the bu_ldiag into ccmnliance. I_ ycu have a cenzlict �,ith �he scheduled inspection time or :^.ave questions, p�ease call ne at 298-b��s6. � �� ' �` � ' � r�l,t%��=hC� �/ � � � ��rc� t \ /. L�w:ence ?. Zanes �� Zo.^.i;.� Technie_aa LKZ:kIz �� 'j l i J ` • � CC. ...551_:° YCTK� ::i1L',^. — �'lOQ EGC�SCII 1ZuEG 05� so7 C:'-= C' CFi?C',c'\Sc, 7\'Sr�CifO\SA\� c.\'v:R01?J.c*�:.SL PAv��....�"iC.7 ?c:v_: ;Cr_sier. D:sdwr • i 1 °°+Ti�i 1 ��. .� _° i: P_Dl.�'G ;?,'SrECT10 {' �J'D DE:iG.ti � .5 »'. Xeilcgg 2or:e>ar: Acam =+' C:rv ,", ai? Saint ?aul, 1J,/r.r.esorc _:iJ2 : eie?'r.or.e: 5I<"-?S8=2i2 Faciiaiie: ?�2-?iG7 ��' �.1� Cr'�, �� 1 - i_ Tcr„et S<r.ei5eL }f.c.er �CtCDcI E� ia0� ..'ll�1L!1 tcgllIlo 2:�� OII.^.7.2 T_2i12 Sair.t Paul, lL1 �5119 BE: 2187 Bor,nie L'ane Dear *Ss. Essling: . �s ycu are ��:are, I inspected tne �roperty on Septeeuber 24th of this ;�ear �nd confirmed that you have aa il_egal dwzlling ur.it ia �he oasement. In our discussiov ycu stated t;at }'cu h�ve a family iiviag ir. the base�eaC u.^.it. Your property is lccated _.. an R--L �er.ing district. This district permits caly ona f&mily dweliir.gs rer �ot. Ycu are therefore in v_ola�ior. of oO.�;C7 ar.d '00.4?2 oi the City's legis_ati'�° code (see enclosed). 1n ord2: to �e in compli2nce, the :ena�ts mnst vacate the iower unit znd tne lock on tre door separzting t:^.e baser..ent i�em the uyper level nust bz re�oved. The ceedline Ter conplisnce with t;is ordez is '.�ior.d2y, � \ove��er 23, i992. 9 rein=pectio� is scheduled for ii:00 a.m. on tnzt day to vezify couplisnce. You or a re=por.s;'ble adult should be preser.t for tne inspection. Failure to comply wicn tni=_ o;der could result in s"urt'r,er er,force:menC action. ?i you have 2ny cuestior.s, please ca11 mz at 248-4�84, { ( / / ` �� / I /� ( �� p �( � V cL�AJ�'W�- q ( � Lawrence R. Zzrgs `�� Zc^_ng Techr�ici2n LHZ : !CZ Z c?7 C . � �I � � � � f �. � b�f 30� �'��'�' ��' ,�A��"I' ��i��, �ea�i�e f�� c#io�: �z_�s-�s ��<��$� ��" ��1�1T�'+1 � A�"��A�.S �+ 5��.�J�'��1_�'T �fl!��T� �'�.� N�i ��: �fl3-38�592 ��'�: N�v�a�ber 24, 20tf� zN�IIEREAS, Judith E. Essling has appealed a decision of the Zoning Aduiizustrator pursuaut the pmvisions oi Section S4.2Q4 ofthe Saint Pau1 Le�slative Code det�+ining that there are two dwelling units in +�e building at 2137 Bonnie Lane and ordering the removal of one of ihe units. WI�BREAS, the SaanT Paui Boar� of Zoning Appeals conducied a public hearing on Novamber 24, 200� p�rsuant to said applicafion in accordance with the requirements of Section 64.203 of the Legisiative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evideace presented at the public hearing, as substaatially reIIecYed in the minutes, made the following findings of fact: 1. In 1990 the appticant obtained a building permit to construct a single famiiy home on this site. In 1992 the City received a complaint thaY this house was canverted to a duplex. t1, i*ispec�ion of the house revealed tiiat a separate dweiling had been established in the lower level oi the house and was beiag rented out. The unit consisted or a lfftchen, bathroom, living room and three bedrooms. The applicant was ordered to vacate the dwellina unit on the lower level and retum the house to a single family dwe3ling. In 1993 the lower unit was vacated and the applicant stated har intention to use the house as a singie family home. Eazlier this year the City received another compliant that the house was again being used as a duptex. An inspection of the house on September 29, ZQO� ravealed that there were again two complete dwelling units in the building. The Iower level, with a latchen, bathroom and bedrooms, clearly meets the definition of a dwelling uuit as does the upper levels o£the bulding whieh aiso eDntain a kitchen, bathroom and bedrooms. The house is being used as a Preestanding Foster Caze home. Adutt foster care is a permiited use in this zoning dis�ict. Unde: state law, a single family home may be licensed as an adult foster care ior five (�) residents, {Minn. Stat. § 256B.0919, Subd. 1.) This building curently has riuo separate licenses (frve under each license) issued by the Ramsey County Human Se:vices Z3epartmeat for adult foster care fer a total oi ten (lOj facilityresidents. These Iicenses seem to ;ndicate t�at under state statutes and county licensing rules, the licenses were issued to a building contauung two separate dwelling units. 3. The orders issue3 on September 14, 2003 do not require the appe2laat to discontinue adutt fosTer care at this iocation. The orders orly require the appellant to camply witti the zonin� re�lations _e�arding the nu_Ynber of dwelling units allowed in this single family zonina dis�et r�fte: the kitc?�en is removed from tl�ie lower unit the home would still be'.•icensed Pa}e 1 of 3 ��. �� r U � u . OY-3o7 � �;,� -o�-_s.�o? Resoiution for adnit ioster care. The City's orde: to rzmove the kitchen and reduce the number oi dwalling uni+s in the building aoes not violate state or fe3e:al iaws or ruIes. 4. The appe:lant seis forth in her appeal cert�n ciaims to legal nonconfor�ing status for the use of the building as a duple°>. Under Section 62.102 (I� legal aonconforming status may only be santed by the Piannin� Commission provided that the Gommission makes certain fisidings. However, that is a separate procedure and unless the Pianving Commission grants a nonconforming use permit pursuant to this section, the use cannot be legally nonconforming. I'he claim of legal nonconforming status must be pursued through the proper channels and is not germane to this appeal. NOW, THEREFORE, BE IT RESO"LVED, by the Saint Paul Board of Zoning Appeals that the Zoning Administrator did not arr in determining that the house at 2187 Bonnie Lane, legally described as Leonaxd Oak Hills No. 5 Lot 13 Blk 1, has two dwe3ling units and hereby affirms the order to remove one of Yhe units in accordance with the September 25, 2003 order of the • Zoning administrator. BE IT FURTHER RESOLVED; that this appeaJ is �ereby �enied. � '� F ` .:.. � �` . f •�; <. � � �. F e i; Tt�A3L�ID: November 25, 2003 'I' t� �.L's��T: itio order of the Boa�d af s oning Appeals permit#ing the erection or alteratian of a building ar off-stree# paricing facility shall be valid for a �eriod longer tha� one year, sanless a bui�tiing permit for suc3a erection or altera#ion is obtained within sac3� period and such erection or alterataon is proceading pursuant to the terms af such permit. Tl�e Board of Zoming Appeals or the Cfify Council may grant an Ea�Yensian not to exceQd one year. In granting suci� e�tension, �e Board af Zon3ng �ppeaIs �nay dec3de to hold a publac hearang. ! � �� z or � 6S+-3o7 Fi!e �3-38�592 Resolution :�PE �I.: �J, ecisaflns o#'the Board oi Zaning Appeals are finai subjec# to appeai to the Caty Cauncil srat�in 15 days hy anyone aff'ectetl by the decision. Bu5lding permits shall nat be issued after an appeal has been fiied. If pernafits have been isauea be#'ore an appeai I�as been fiied, i�aen tlie pesmits are suspended and cottstruciion shall csasa untii the C9#y Council has made a final determination of the appeaL �E�21'IFICEi 3 iflT7: I, t�e unt3ersigned Secretary to the �earrl of Zoning Appeais for the City of Saint Paul, YIfinnesota, do hereby certify that I have compared t:ae faregofiug sapy witi� ttce originad recard an my oi�t'ac, ; and find tiae same to 8e a trae and carrezt copy of said original and of the whoie thereo� as base�l on appraved minutes of the Saint Paul $oard af Zaning Appeals meeting held an November 24, 2003 and on recnrd in #he Of�ice of L�cense inspectfion and ��vfirou�eniai Protec2ion, 350 St Peter Str�t, Sain4 Pau3,14Sinnesota. S�N"i' PATJL ��A� t)F Z��'tiG APP�ALS I3ebbie Crippen Seczetary to th� �aard � u • � � � . .�a�e 3 of 3 6'�-�97 . VIINL�TES OF T� VIEETLVG OF "ITriE BOARD OF ZOlVIitiG aPPEAI.S C?TY COL�vCSL C?�1.41BERS, 336 Ci"� HALL ST. P:�LZ y t1'�i ��ESOT�, tiOVE�ER 24, 200� AD �y17_�VISTI2ATIYE RE I�IE �Y PRESEN�S': �Imes. YIaddox ar,d Vlorton; YSess.s. Courtney, Duckstad, Faricy Kleindl, aad W;l<�r. of ihe Board of Zoning Appeals; ylr. Warner, Ass:stant Ciry Attorney; l�Ir. Hardwicic and V1s. Cripnen of the Off;ce of Licease, inspecrions, and Eavironmental Protection. ABSE�'?' Vone The meeting was chaired'oy Joyce Maddox, Chair. JudiYh E. Essi'sna f#03-38159�) 2187 Bonnie �,ane• An appeal of the Zonme Administrators decision that there are two dweiling units in the building at 2187 Bonnie Lane and ordering the removal of one af the units. , 11r. Hardwick showed slides of the site and reviewed the staff report �vith a recommendation ior denial. About ten letters and eight phone calls were received opposing the appea2 of the Zoning Administrators decision. One letter was reeeived from District 1 supporting the appeal of The Zoning Admimstrators decision, • statmg that they did not feel ther� was enough evidence that there were two separate dwelling units. The appellant JLJDITH E. ESSLIlVG, 2197 Bonnie Lane, was present. Tim Nolan, attomey from Rider Bennet Law Firm, stated he is representing Ms. Essling. Mr. Nolan stated that they are not in attendance to request that the zoning be changed on this property. SYaring that 2187 Bonnie Lane is in fact a single- family home that happens to have two kitchens. But the home iTs self has one main enh-y way and one rear door. The house is completely open, there are no locked doors between the various levels and it has been treated as a single-family home since about 1992. There was a complaint made in 1992 and Ms. Esslmg did have someone renting out the lower level and was not aware she was violating any zoning requirement. As soon as Ms. Essling learned of the violafion she fully complied with the order. Mr. Nolan read a letter from Larry Zangs dated October 6, 1992, or3ering the property owner to vacate the lower unit and remove the lock on the door separating the upper unit from the lower unit. Ms. Essling did that and there was no request from the City at that time to desiroy the second kitchen. tVir. Nolan expiained that Ms. Essting opened an adult foster care facility in the home. Admitting that Ms. Essling does have two licenses for foster care at her home. He argued that the County insgects the property annually and norfies the City as part of the inspection and relicensing processes. Stating that it shoeid nof be news to the City that Ms. Essling has been operating a single-family home in this fashion. Mr. Nolan state3 that 1�is�. Hardwick's letter of September 23, 2003 requires is that Ms. Essiing destroy this second Idtchen. On a related note Ms. Essling has purchased anothe: properiy and is renovaring the home on Snowshoe Lane, and she wanted to add anothar ldtchea to the home. The City of Saint Paul has refused her a buiIding permit for the second ?dtchen in the home or Snowshoe Lane. Mr. Nolan stated that YIs. Essline had � hen aske3 if she coi:id puT in a sink in the Snowshoe Lane home and was again deaied. He argued that this s;mation has caused a great deal of turmoil in the neiehborhocd, as • well as to vis. Essling and her residents and L'�eir families. He argued #hat the City by way of the Zorina /? � � � A.�-ADA-£EO Employer �� D� �� r?le �3-381592 Mmutes November 24. 2003 Page Two Deaartment has ordered that Vis. Essling destroy a?citchen, cap rhe pIumbing cap The gas line, take out the re&igerator, take out the stove, tak,, out the counter tops. Stating that he does not think that this is eiTher lawfui or justified under the City's ordinance. tVlr. ivotan argued ihat the City is discriminating a�inst the Fosier Care Facilities by using the Ciry's Zoning Ordinances and Zoning Requiremenis. So the City saying that this should be treated like a single-family home, with a family in it, is in defiance of the State Law and Pohcy. 1VSr_ Nolan requested That the Board reverse ihe order from LIEP allowirtg Ms. Essling to keep the secand kitchen, and ihereby :ceeping the ten residents. He stated that there nas been a lot of oppositian to Ms. Essling's faciIiry ana on some levet ke can understand that. However, the facility provides a valuable service to the community. Nir. Nolan submitted thu2y letters of support for the Essling appeal, from neighbors, residents residenYs fatnily members, and staff. iVls. Essling, stated tha? she owns 2187 $onnie Lane; the frail eiderly people who live in the house are very stable because of the nome envirorunent that they live in. They are being carzd for on a four/five residents to one stafi person caring for their needs, in the nursing homes they were in it was rivelve to one staff person enviranment. She stated that her staff is reqllired to oe more caring and conscious than nursing home staf£ Ms. Essling stated she built the home in 1990 and at that fime was runnine a child foster care and was licensed for ten children. From 1985 to 2992 she served the unaccompanied minor proeram, taking orprans and refugees fror.i Thailand. During that time she started a mentoring pmgram for mothers and babies. It was at that time that the seeond kitchen was added to the house. In one �tchea Asian food �,vas cooked. The ather ?dtchen was used to teach and train the new mothers how to cook znd feed their children. In 1992 they switched the focus to adult foster care for frail elderlv. In I492 to 1998, Ms. Essling stated, she was first licensed ior the caze of five people in the home. Then in 1998 with the raismg demands for more placements and long waiting lists Ms. Essiing requested a license for the upper portion of the home and was granted a license for three more people. Then in April of 2002, another person was added. Again in March of 2003, another person was added to the home, which bnngs the total to the ten that they now have. Ms. Essling stated that the County has been inspec:ing the residence at 2? 87 Bonnie Land since 1990, inspecring the property and books, and how they canduct the home. She argued that the word duplex has never been used to describe Yhe home. Ms. Esshng stated that her residents would have to go back to nursing homes if she loses her second license. If one kitchen is Taken ouT, they wiil lose five residents, back to mssing homes. She thought that the State was trying to take people out of nursing homes and placing people in non-insfituizonal settings. Mr. Courtney requested that Mr. Nolan address the findings and specifically, fmding number two. NIr. Courtney stated that if you do not have a response to it that is fine. However, it sounds to him, that whoeve: is licensing the ioster care has a ven rivo licenses and treating the home as a duplex. Which brings us back to the quesrion of whether the home is a single-family home or a duplex. Ms. Essling reauesred that she be allowed to show some pictures of the home so the Board would have a better idea oi what they are doing in the home. Mr. Courmey stated that he wants them to understand his quesrioa an� he wants an answer to the questien. VIr. Nolan stated that the use has been under two Iicenses ior at least 5-7 yeazs now. He noted that Ms. EssIing has done noYhing to ehange the struchire of the building since 1492 when she was ordered to removed the door and lock between the two areas. It has been a s.n�le-family home, zithough it is taree and has Ewo ldtchens. Ms. Essling has no intention to convert [he home into a duplex. He stated tY��at he tmderstands Mr. Courmey's quest;on, "what does ?he county do ia AA-aDA-EEO c�ployer \ U `"T �` � u � o �-307 a File �03-381�92 Ytinutes November2^—..2003 Paee Three respor,se to their reQulations if this is a s;n�ie-iamily home with hvo :icenses." Ae stated thaT they will dea2 wit�: rhe County, aaid work ivith them in wha2eve. way they can. Vfr. Nolan ara ed that they are being forced by 1he City to remove a ldtchen, jeapardizing their 2icense with the County and requin_ng them to remove fiye resiCents. Ms. Maddox asked wheTher the Counry required one kitcnen for five residents. Mr. Nolan repiied yes. VIs. iVfaddox questioned whether the licenses were applied for separateIy. :vIr. Nolan replied yes, chey applied the first licease for in 1992, the second in 1998. YIr. Kleindl questioned whether both licenses were applied for with the same address. Mr. Nolan repiied thaf they were applied for with the same address. Mr. Kleindl further questioned whether there was on2y one address at this location. 11�fr. Nolan reglied there is only one address. 41r. Wilson questioned that m 1992 they had orly five people staying in the home and one kitchen. Mr. Nolan replied there were two kitcHens in 1992. 141r. Wilson quesrioned whether a kitchen was added in order to get ten residents. Ms. Essling replied no. i�Ir. Nolan replied that the kitchen was added in 1992. Mr. Wilson questioned before 1992 was Ms. Essling in the foster care business. NIs. Essling replied yes, and has been since 1985. Sne siated that when she built the house in 1990 she had one kitchen. Then � when she started the mentoring program, they needed to do two types of cooking, it was at that time that the second kitchen was added. Mr. Wilson quesrioned that it was when ii4s. Essling sYarted the foster care for five peopie. Ms. Essiing stated ior the aduit foster care yes, and it was in that kiYchen that she was ticensed in 1992. NTr. Wilson further questioned that in 1998 she applied for more foster caze people and received three more people. Than twice more applied for one mare person on her license. Mr. Wilson questioned whether sometime in that time she was told to take out one of the kitchens. lYls. Essling stated that she was never told to take out one ldtchen. Mr. Hardwick recited that according to the Ramsey County Licensing Division at Human Services Ms. Essling was firsT issued an adult foster care license at this address in April of 1993. The second adult foster caze license was issued May of 1998, which wa; ;ssued for the upper portion of the building. The first license was issued for the lower portion of the building. To get back to Commissioner Wilson's questron, in 1992 the Zanzng Admimstrator inspected the building pursuant to a compIaint, and found rivo complete dwelling units. The lower portion of the building was bemg rented oui as a separate dwelling unit. The inspector aC that Yime ordered the applicant to vacate that dwelling unit and return the home to a single-family nome. The definition of a dwelling unit, according to the Zoning Code Citation unde*. fi0.204(d} "a building or a portion thereof designed for occupancy of a single-iamily for residenhal putposes. Used or intended to be used for living, sleeping, cooking, and eating." He noted that ihere are several ways ro tell someane �o take a separate dweliing unit and turn it back into part of the sinole- family home. Explaining that the appellant could just as zasily have been told remove ali the bedrooms in Yhe lower unit. At the rime the inspector spoke Yo lZs. Essling, and they agreed +hat she would use the house as only a sin�le-iami?y home, she would remove the Iock fram the door separatin� the upper unit from rhe lowe: unit. The inspector accepted ±;us as cor!mpliance with his orders. In other instances the • Zon;ng .? dministrator has ordered the removal of a kitchen which is typicaliy easie: to do than removing�- the en�ire bedrooms. Tne idaa is to take this eroup of rooms inLended ior all these things, � ; .�A-AAA-EEO Employer f"'� �y-� Fi1e *�03-3 8 1 592 Minutes Novembe: 24, 2003 Page Fot�s cooidn� eating, sleepino, living and to somehow cflange that in this case the easiest way to change that is to remove the kitchen.� The entire lower part of the buildina could'oe ordered to be vacant. In This case the most appropriate way is to orde: the IaTchen to be removed to assure that there is r.ot a se�arate dwe3ling unit down There. � VIr. �Vitson questioned that Ms. Essling now has ten residents, and the only reason ;hat she can have ten residents is that she has a two family home. Mr. Wilson stated that accordine to what he is reading a single-family home can have five foster care adults. A more than single-family home can have five more foste* care residents. He stated that Ms. Essling has ten, or more than five, so she must have mare than a single-family home. Only single-family homes are allowefl in this zaning districL Mr. Wilson stated that according to what he is reading Ms. EssIing is operating he: home as more than a single-famiiy home. ivir. Nolan asked to respond. Ae stated that according to the October 6, 1992, letter from the Zoning Deparhnent, says that in order to be in comoliance the tettant must vacate the lower unit, the lock on the door separating the lower nnit from the upper unit must be removed and that was done. The inspector come bac's and found the home to be in compliance and io be a single-iamily home. He azgued that now we are faced with neighborhood opposition and opposition from the City to this use. Not just opposition to this location but oiiter neazby locations. So the City has gone through and found a way to eliminate the ldtcnen and eliminate a license. But we are in compliance with what was required back in 1992. Mr. • Noian staTed thaT he does not see anywhere in the Zonu�g Code that two Ictchens eqeals two dwelling units. He sta;ed that they nave not had two dwelling units since October of 1992. NIr. Wilson stated that no one is saying yoa cannot have foster care, that is not the point here. If you can only have five foster care individuals in a singie-family dwelIing, and you have more than five, you must have more than a single-family dwelling in a single-family dwell'mg area only. NIr. Klemdl requested that Mr. Hardwick give the City's definirion of a duplex. Mr. Hardwick stated right off hand he wouId say it is a dwelling with tsvo living units. However, to quoYe the City Code, a dc�elling, two-family is defined as "a building desi�ed exclusively for or occupied by no more than rivo far.Zilies living independentIy of each other in two separate dwelling units." That is the definition of a �vo-family dwelling, the City does not ach;ally define a duples othe: than that. Mr. Kleindi further questioned Mr. Hardwick, so if a private resident would want to put a second kitchen in a lowe: level of their home they could not do that. Mr. Aardwick sTated that is not correct. There is nothing in the Zoning ordinance that says that a singie-famiiy home caamot have two kitchens. What iT says is that yoa cannot have two separate dwelling units. The kitchen is one element that defines what a dwelling unit is. If Yhe: e is a recreation room in the basement and a wet bar, a tdtchen, and a refrigerator are wanted tha2 is fine. Because that recreation room does not constitute a dwelling unit. T`'�ere are no bedrooms and a sepazate Iiving room in addiuon to The kitchen facilities. But if you put bedrooms and a bathraom in addirion to thaY latchen and a separate entrance that constiTutes the definition of a separate dwelling ur.it. 1VIr. Kleindi questioned a dwellin� evea thou�h there are not separate entrances to the lower and uppe; i:nit the City stiil eonsiders it tw dw�llings or a duplex. iyL*. �Iardwictc replied that the City considezs that �onp oi rooms oa the lowe: un:t, That consists of a kitchen, bedrooms, and bathroom as meeting Zon:ng's defmition oi a sepazate nrit. ldr, Kleindl questioned evea though ihere is not a separata eaaance, vlr. Hardwick repLed that it;s hin understaadia� that the basement is a waik ou: basemeat wit?z ' W sepazate e�trance in the baek. �; ��, . �' j . AA .aDA-EEv Emnlover a�-�o� � Fi1e T03-38li92 titinutes Nevember 24, 2003 Paae Fice '�L-. Warner ques,;oned whezhe: ihr. Kieir,el is aslang 12r. Fiardwic� with resDect to this buildina. jafr, �leiadl replied yes. tilr. Hardw�ck state3, yes there is a separate �trance irt the back aT. eh2t 1_evel. VIr. �olan state� thai there is a front door and a back door. �?s. VIaddox questioned Ms. Essling whether she lives in the home, and'now many staff she has. !✓Is. Essling replied yes she lives in the home and there is a siaff of 15 that covers ine house araund the cioc:c. �Is. l�Iaddox furthe: quesuoned how many staff would be in cne home at one time. Ms. Essling replied at one time there would be three staff people in the house. �?s. Eddie Miller, 160 Kel:ogg Blvd. Hast, stated she is the contract manaser for Ramsey Counry. She noted that Lhe Ess:ings nave had a conkact with the Counry for ten years. The Esslings have become a mode: c�rporate foster care provider. She prefers to bring new people to the Ess;ings foster care facility because of the excellent care they received there. There is a reliance on the Esslin2s for the foster caze they nrovide to the Counb�. She argued that ?hey are talking a6out more than kitchens, front doors, and back door, but peopies lives and The frail elderiy. From a Coun±y perspecTive as well as a personal perspective she is concerned about the implication if the five seniors who live t�e:e, ara required to mova because of whatever lieensing, ar the Zoning, whatever the case may be. She stated that the Couniy is concemed if the ldtcnen has to be removed, that this will be a significant disruption and compromise the � safety ar.d healfh of the seniors that live in the house, if they are reauired to move these seaiors, some o: whom have lived there for a number of years. Mr. HardwSck questioned whether Ms. Miller was representing the CounTy. Ms. Mil:er stated that the County is ativare that she is attending the hearing. �;r. Kleindl questioned whaT the County's position is on the residence. How do they see the house as a single-family home ar a duplex. Ms. Miller stated she is not a expert on that and cannot answer that question. That is more of a licensing question and smce she 3s not ,n the hcensing uniT, she cannot answer that. Mr. Kleindl stated that according to the Sta±e it lcoks like ibey are considered it two dwelling uniTs, because there are oniy five residents allowed per one residerce. NIs. iV(iller stated she does not lmow, however, she ]mow thaT the County has had meetines with the Stated to discuss that issue. Mr. Wilson queshoned whether the State w;ll only license a single-iariily home for five resideats, or would they allow ten or greater than five. Ms. Miiler stated that what she does imow, and again she is not tt licensing person so cannot speak expertly, but there are several other homes, in the Couvty thai have more ihan one license. Sne has nat visited s11 of the homes, and does not :aiow how the,✓ are ?aid oct, but they io have othe; foster caze homes that have more ihan one licease. She does not know if the issues are the same but thaT there are co-operate foster caze homes that have more than one license and ser�e ten people. ir1r. Duc'�tad qeastioned whether Ms. yiiller based on her exper?ene� and what she does, is she aware of any single-famiiy homes or faciiities that have more than five ;icensed aduli ?aste: residences. Ms. �Siller staYed that she :mows of at ieast one horne, :hat has more ihan five residents. Howeve:, she has nat bee:� r� ;� facihiy and does aot l�ow' if the way t�he nome is set up is sirniiar and waeld ?�ave F�:e � . �' �, �''1 � �. AA-ADA-°EC Lmpioyer -- o�-�� 70� �s�� iYiinutes November 24, 2003 PaQe Six the same conc�ns. NIr. �uc?cstad quesnoned whe.v ihat home is locateci. Ms. ii�Iii3e: replied ihat one dic'� come up in the discussians at the County ;o sne does 1_mow that there is one. 14Ir. Courtney auestio,.ed whether that :s 1 Saint Paui. Vis. MitIer repIied ues, she be?ieves so. Mr. Duc'sstad stated that re asked thaT question oecause apparertly the State Law says thzt a sir.g?e-family hor.ie may be licensed as an 2dult foster care hame for tive res:dent;. He further quesrioned whether Ms. Miller were familiar with thaz iaw, that five res:denYs are athibuted to a single-family home. �Is. �tiller stated agai� that she is not an espert :n ihe iicensing area. NIs. Nl2ddox euestioned what NIs. xYfille:'s job is. Ms. tV$iler sta#ed that she is a cont�act �anager. Ms. Maddox requested further explanation of wisat Ms. lYliller's job entails. Ms. iYlille: replied that she �urites ihe con+sacts and oversees if there are issues with the faciliry, she does planning for services �umd service seYu�, oversees ail ihe contracts �or saniors, tIo-teoh, TVS, and pubfic health m:rsing. �� Mr. Wilson questioned w'�ethe- Ms. Miller had a_ways felt that the Ess:ing house was a single-_`a,�ily nome, �Is. Miller stated thaT it has that feel, and unril this issued carne ap she was not awaze oi all th� laws and Zonin� and the things that impact i±. NIr. �+Vilson questior.ed i; Ms. VIille: writes the conffac:s bet you does not have a�ything ta do wish Lhe ?tcettsmg, an& i�owledge tells her hat a single-family home can only have five individuzls, is she writing contracts for all Lhe peopie there? Ms. Millez stated, what happens is that ihe iicensing department goes out ar.d views the nroperry and makes the � recommeadations to the Siate whethe* or not the liceases should be issued. When she writes a contract it is written to the Esslings in generai, and 2hen the Licens;n� Unit will ?icense whateve: difierent homes they have_ A21 the licensing is done separately and ihan that information is brought to her division. �Ir. Wilson stated that by a m2tter of osmosis you must Imow tnat only five residents are allcwed in a single- family home. Ae questioned wrether?vts. Ntiller had ever discussed this with the licensing departmenT. Vts. VliIIer stated that she Imaws that they have two licenses and during her tenure that issue has not come up, because they iake the word of the Izcensors ?o have the ;mowledge that the space is adequate ana the square footage is adequate. iVlr. Wilson questioned whether Fne license required a kitchen for each license. Ms. ?vIiller reptied yes, for each license a separate kitchen is required. iVlr. K;emdl questioned wnat address each license was made out To. Ms. i�lille: stated 2187 Bonnie Lane is the address on both contracts. M;chelle Youngberg, 201' Hyacir_th, staxed ihat she is a supervisor and'nas worked at the home for seven years and until tiiis issue arose hati not considered the house anyYhing but a singIe-iamily dwe;ling. This is not a small house it is a large house, with a 1ot of square footage on a large lot, the house has seven bedrooms ar!d three bath� ooms. She st3ied that not only will this affecT the five -esidents ihat may be discharge3 to a nursing horne, this is �oing to affect up to aine empioyees who �.viil have to be iaid off �ecause ihe residents will not be the:e iar them to take care of. �'his will have a greater impact than just removing a kitcnen and rzlocating residents, it also affects the uremp3oymeat rate. Ms. �Iaddox stated That she aapreciates Ms. Younebe,-g sharing that infermahon, howeve:, iT is aot oae ef ihe findines the Board must cons:der. Ms. �Iaddox asked for any questions from ihe Board. �.1-.�1DA-EEO Empioyer r� ;�� . D�-3o7 � � • ��e =o=-=s_s9z �Iinutes Novenber 2?. 200� Pa=e Sevea ,�ir. Jonn Storm 2485 Camabury L'nve, Little Canada, stated that h;s mother is a resident of the Ess.ino hor=e. When :iis moiher aot sicic they did not'�now whaY to do and they we:e lucky enough co .`ind Tudv's. He state3 ?hat this a plea, he does not have facts and °�wres of whaT the Board is a'ying to fieure out two ldtchens or one Idtchen. 'Phis house sne lives in, she ioves and :s taken caze of, she is also dyma oi cance.-. He stated that he feeis som� ior the people who brought this on, it wasn't just about ihe ien residents at the Esslma home. It is because ai another home ihat �Is. Essling bought and wanted to help out othe� sen:ors, it is not about Bonnie Lane it is about Sr.owshoe Lane. He stated that if Judy has to decide which :ive residents hace to Ieave her home, he hopes that the nei�hbors and this com.mittee can vote on which :ive have to be displaced. Ms. Maddox noted that is not within the Board's pe:vie�v. Mr. David Pa��iak, 2184 Bonnie Lane, stated that he does not think that ihese issues can be separated just by the issue of a kitchen or a door. He stated that ne and his wife live between the two Essi;ng homes at 2187 and 2188. Noting that they are police officers and have lived next door to the Essings for more thaa ten yeazs. As police officers they know good and bad neighbors and see the impact of their acrions every day. The social and financial conttiburions the Esslings make to the neighborhood and the City are numerous and positive. The effort to keep These people from living in their neighborhood stnkes them as ungrateful and short s:ted. Noting that we all may need this type of care for ourselves and our ioved ones. Seb egating this type oi faciliry and by estension these people into remote locations is not healthy for us, eur faaniiies, our neiehborhoods or cities. The Essling's provide employment with aoove average wages and benefizs to a numbe* of people who might otherwise be unempioyed. Some oi these peaple also reside in the neighborhood. He sTated ihat the most persenal beaefii his wife and he receive is 2iving beriveen two oi the best neighbors they have evez had. The Esslings scrupulously maintain their properry and have consulted and informed the Pavlak's of any changes ihey have made or cansidered making. Concems have been raised about traffic, ihe number of residenTS and the operation of a commercia] business in a residential area, agam he stated he has a unique perspective on all of these concerns. Tnere are no traffic problems, he and his wife wark various heurs and days of the week and have observed the Traffic pattems at all hours of the day and mght and neither of the Essling's homes have caused as much traffic, as a family birthday at his home. T'r.e daycare business on Bonnie Lane, which is just up the street, and other residential delivery and services that people get create more 7affic than either ofthe Essling's homes. Peaple rarsing the traffic concerns are not ;n a location to accurately evaivate the nature of that traific. Once traffic tuz�s off of Boxwood onto Birch Street, only the immediate aeighbors can see where that traffic goes. He added thai the daycare and the Esslings add value to the neighborhood and he supports their presence. They do not degrade the neighbomood but ennance the livability of the neighborhood. Ms. Vla�dox instrucYed the audience that the Board's purpose is to see if t}ie Zoning Administrator made an e:ror, aot about the heaith and concems we have about the elderly, rot because of the noise and traffic in the reighborhood. Further instructing that the speakers need to rein ir.to tivhat we are here for and•the Board is 'r�ere to determine if thas is a single-fami]y residence. =NIr. Wamer espiained iha±we are here because �.he Zening L*�;cecYOr ordered ine Ess:in�s to brine the use into nairpiiance with what they *lunk is a sing?e-famiiy dweiline. T'ne order provides for them io AA-.�DA-EEO Bmnioyer �} � �" i �, `�i � O�+ - 30� Fiie �03-381592 Minutes Noaember 24_ 2003 Paee Eight z:iminate a:a.chen which ;n the jucigement of the Zoning Administrator appears to be t�'�e act ihat wi?1 bring the praperry to a szng2e-fanuly home. There is notning in the Zoning Administrator'� order that discusses traffic, or noise, or :mpact or, the neighborhood. They feit that it was in essence a tv✓o family home being operaied so theoretical2y removing the I�tche:� woutd bring :t into compliance as a sia�Ie- iar,nly home. �ny discussion or points about wheiher the Essiings use is good or bad is not relevant. The Essli�gs use as an adult foster cae in tbat neighborhood is a peanitied use, unde: s�te statuTe. The question the Zoning Admimsr.ator addresses in his order of Septe�ber 25, 200�, is wheLher there can be five or ien residenTs in the home. IY appears fron the Zoning Aciminisirator's orde: that only five resi�ents can be in the home. So the issue is, ";s thax an e�ror, or not " He stated that he is explainina ±his sa as not to have Yo cuT someane off, and wants the audience To understand whaY ihe issue is. i here was opposition presenY at ti�e hearin�, YIr. ��Iilliam Wate:kamn, 2173 SnowsY:oe Lane, stated he and the rest of those spealang in opnos;tion ae not in attendance to discredit Ms. Ess3ir_g or the way she does business. Nofiing thzt she does pravide a great serviee for the County and the Siate. We are here ior a zoning issue, and malce nc mistaice this is z cammercial enterorise. What they are 3oing is trying to increase their business and ma�mize the corrorate pront. We are not trying to geT them to mave out or anything ?ike that, but the fact is that the neigkoors would iike io see the area rerr,ain as a sinale-family residentiai area. He azgued that fhe idea that these pe�ple will be returned to the nursing home is not correct. yis. Essiing nas purc:�ased the property ai 2? 70 Snowshoe which remains emp� at this point, and she can mave the residents inio that home without a problem, so it is not a mat[er of them beine sent back to a nursing home, that wau;d be a misstatement. y M'r. Couriney quesrioned whether V1r. Waterkamp coeld explain the relationship between Bonnie Lane and Snowshae Drive that the everyane keeps referring to. Mr. Waterkanp explained t�'�at Snowshoe is like a big horse shoe that comes back out or.to McKnight as Boxwood and continues on to �TJinthrop and Bonnie Lane is a cul-de-sac eff that street. IYir. Caurtney stated i4at it seems that they aze all pointing to this being an arb meat relating to some other property, he ques,ior.ed whether he were misunderstanciing the statetnent; about Snowshoe. �YIr. Water?camp ;eplied that they would like to think Tha# this is an argumen[ about 21 %3 Snowshoe. Nis. Ess:ing owns ihe properly an Bonniz Lane, she owns two proper:ies down the-e. She bought tne properry up on Snowshoe Lane at 2170, remodeled it without pulling pernits, s�e tater on putled the �emuts. S$e has made it very cleaz that she infends to house 9-10 people in tha2 property also. So what she is trying to do here is set president, by getting the araa re-zoned as mulfi-family, he stated that would be his contention. Mr. Courtney fin quesrioned that l�Lr. Water'�camp lives by the properry on Snowshoe. Mr. Waterkamp state3 directly across for it. Heather Weyker, 2189 Boxwood Avenue, stated ihat the house at 2137 Bonnie Laae buits up io her prooe-ty. She subr�iiied letters from The neighborkood and a copy of a lette: ser.t to the Esstings by the STate of NIinnesota regarding zhe violaTion that they have committed and ordering them to camply with ai: zor.ing. Also included in the packei ;s ihe i 99_ deczsion forn the Zoning Board. Ms. Weyke: quoted from the sa±e le*te: nating the viaiat�on. "It has come Yo ihe Pepartr.�ents attention that two pro�zms AA-ADA-EcQ En�m7�yer - :'�` . `� � � . 04�-307 � Fi;e -0�-381�92 Vli�utes �iovembe: 24.200� PaQe \iae liceased numbers 23 i�� I& 80900�, eac7 with the license capacity of five, are operat out oi a single- *amsly aome at 2187 Bonnie Lane, Saint Paul. Two licenses were issued to this setting based on ihe cor.ur,issior_ers unde:standia� that the se:ring was a du�lex, but it is not a duplex. This is not allowed under the pe.-�nitted speciai :,ondirions for residentrai use secrion in ihe Human Servic�s Licensinb Act �I;nnesota Statute Secrion 2?Sa. i 1. During a vis;t to this site or. Septiembe; 19, 2003 the Ciry of Saint Paul Zoning Department confumed that ?en residents are residing at the above address an3 #hat the bnildine is located in a single-family residential zoning distr.ct. Zt was confirmed that five residenis l:ve in the lowe: leve? of the home and five residents live in the upper two levels of the home. Samt Paui Zonina'�as deter.ninec't that while two dwelling units ex:st at this address the home locateti in tl�is distro` tl�at does not allow muiYigle dweliing units within the same building. The City of Saint Paul has b ven you six months to compiy with all zoning regulations that apply to this address. Because you have violated the restrictions connected to your rzsidenrial zor,in� location, by operating two programs out of your single-family home, your license to pravide adult foster care is placed on conditional status for six monThs." Then undemeath there is a fist of twelve terms of conciitional license, Ms. Weyker stated that ;he �vould like to address the fourth area with�n Zoning's domain. Siating that what the Essiings are doing is diminishing the character of the neighborhood and the surrounding area by allowing so many people to live within one s:ngle-family home. Because of whaT the business has done it has corporatetized(?) the neighborhood. By purchasing several nomes in the neignborhood and putting in the � residential foster care. What she is asking for is ta iurn the neighborhood into a multi-family res3dence, which is ±echnically an aaarhnent building, wnich would diminish their prope: ty values and make it diffcult to sell hornes. She stated that she lmows ane person in ihe neighborhood that cannot sell their home which has bean on the market for several mon#hs. Zt wouid not only set an presidert for the Esslings but to other people so that they can come inw the neighborhood and buy ,ingle-family homes and tum them into cor.lmercial busmess such as adult foster care and basically take over the neighborhood. Grace Schm:dt, 1172 SouTh Winthrop Sfreet, stated that her understanding is that ane foster care license is equal to one family and two foster care licenses are equal to iwo families. also her understanding from the Coenty is that the Licensing Care E;aminer who authorized the second foster care license, no longer works for the County. She statec� that her undersiar.ding ;s Yhat it is an aoortion to have two Iicenses in one sin�le-family home. That Ms. Essling's operahon is probably the only operaTion m the state of Minnesota, where that has been zllowe3 to happen. Mzchael Austin, 2233 Snowshoe Laae, stated he is an attomey but zs reprasenting himsel£ He s2ated fr.at one more observation an whethe: the residence at 2187 is a single-far,rily residence and that is related te restrictive covenants tha* are noted on the abs�7act for tne property which show Lhat the use of the prope: ry must be restricted io a single-family. ;yls. \�Iaddox stated that is noi relevant to the case. 141r. Austin staten he is sur�risea. ��Ir. Wame: explained :hat it is not relevant because, Yl:e issues that ihe Boazd of Zonin; Appeals �ar, deal with are relatively Iimited. The issue is that ihe Zoning A�mi.°iisgatoa nas issned an order ie a properry owne.- to do a certain fning, i ne prope: ry owner has the right to appeal that cecision io this $oard. The $oa: d is l;miteci in maiang a decis;on to only what is in the Zor.ing �dmin:c�atos's order and ;mpiacabie ;aw. So unless the Cnair staies otherwise there is nottung leaaiiy • reievar=_t ?o :na: erder, wiih ;espeot te restric.ive caveaants. �Ir. Austm stated, then aii *,hz issuzs 2re covere�. � i� a�.-npa-rzo E�p�oyzr v 1 1 l �y 307 Fi1e r03-38?593 Mmutes Vovember 2�. 2003 Page Tzn n � �L=. Harc:+wick s:ated ihat :he Zoning AdminisTraier's leT:er does r.ot say anything about reducing ;he numbe* residents. What rhe Zoning Adzninistrator's lette: does say is that one of ihe dweIl:no units �ust be re.*nove3. it is Yhe Zoning A�minisrcaYar's undezstanding *haT by removing one of ihe dwalling units the number of residents may have to be rednced. But the Zoning Adminisvator never ordered any oi resideats to be removed. The �ssue �ere ss the nurrtber oi ciwelling units. �. Har�wic;t staTed that in : elation ±o that he had heard nothing but good about the Essling'; pro�am. Acaording to the County ?icensing peonie he has ciealt with t�ie EsslinL's operation is a ve.ry good or.e. 1':�at is not the issue. Everyone, the Ciry Administrarion and this Board aze cqnce:ne3 about Yhe weliare oi ou elderly reside�zs. .That is not t'�e issue, the removal of ihe second kitchen is, and if :ts removat resuIts in tiie ioss of some oi the residents the City is not callus Yo thaY. The City always has in the past, and will in ihe future take into censiderarion ex#enuatina circumstances, if eldzrly reside:its need io be relocated ihey will'oe given a reasonable amount of?ime to 3o sc. Agam adult foste: ca:e is not the issue, adult foster care is a per:xutted use in thiG district. tifs. Essling has another operation in ihe area on Bonnie Lane, she will be opening another faciiity on Showshoe Lane. 1Y�. Hardwic!� stated that he believes that Ms. Essling awns anotner piece of proaerty in iEie azea, however, he does not ?mow if that is a ioster care or not, but that is :rrelevant. FosTe: care is permitted what is not pernntted and the only th:ng that we car. address at this hearing, is whether or not there are two dwelling units ;n tiie: e an� ��vhether or r_ot if there aze two units in there, whether or . one of them has be removed. Anyone who nas anything to say thaT will acidress these two questions, is weleome to speaic. Otherwise we have heard � a lot of testimony irom a lot of people about things that are oi concem, but thinas that this Board aoes not ha�e the gower to address today. 1YIs. Maddox stated ihat, ho�Never, if Ms. Essling bought a dupiex she coiild have two licenses. ti�Ir. Azrdwick replied if that duplex were a leeal duplex she certainly could. Mr. W�Ison noted but not in that particular zone, because it is zoned single-family only. �YIs. Maddox recalled the applicant, inss�ciing ihat the only thing that ±hey need zo refiate is wheTher this is a su;gle-family home. Mr. Nolar. stated that the enly indication thaY this home is a duplex is that it has two kitchens. They aze faced with an order from the City af Saint Paui to destroy a?citchea, with the City kaowing Yhat :nay impact the licensing. The nar; ow issue is does a second ldtchen equal a duplex, has Ms. Essling been c'�eahng the home as if it were a dnple�. W1ien ihe City ordered her to remove t�'ze interior door that senarate� these two iecels, she did that back ia 1992: T`here are no separate dwelling cnits. Therz are two �ciichens aad a num�er of bedrxms, and a number of baths. The point ihat oae ai the neighbors made that she can s;mply move these people into t;�e Snowshoe Lane or some place else :s not accsate. The places ar Snowsnoe Lane are al*eady taken. He thankad the Boazd and requested that they aliow them to cor.tirue with hxo kitcheas. Ms. Essl?r.� thaniced the Boa:d. Hean.ng no iu-ri.e: testim,or.y, Ms.'_Yladdox closed the public aortior. of tne meering. r, IDziRvE.' C.i T�:�°. 3llQ;Z1C� Si3f�,Cl SiYe t:aQ �JE.°,:1 �11T:� iC E�L iYlE 3tt�IIt:Qri'Ji E.^,Z C�131i i0 SDe2�i. � 1 �, � ; dA-?.D,�-F.EO�mp:oyer � � �_ i ., 0�-307 � � F_; =4?-3¢�;9? ��iinutes iio�embe: 2a, 200� Page Eleven y1s. ivlaedo� reopened ��e hearing io heas �om the speaker who had not nad a chance to soeak. Pat 3ones, �IS W. Siate Sireet, Cannon Fails, stated her mother iives in ihe :,ome, asg�ine ihat movir.� he: aizheirner's suffe:i�e mothe.- ;rort �he hone wiii be a problem. She stated that she has never ihought of �he home as being z duplex and cons;ders a dunlex as being two iamilies living in separate secrions cannot int�*ude on ezch other. �IotinQ ihat anyone can go anywhere withing the home witheut impediment. Ms. Maddox recognized one more speaker nohng that she would aliow only one more speaker. Mr. Hal Banon, Ylinneapolis, stated he does not live m the area, but does accounting for the Essimg's Corporatian. These are no legal 3e�.nitions of family, duplex, dweiling unit, he stated ihat *he Board is a pol�tical body and cannot sepazate ihe legal fror.i the human process. Arguing ihat Mr. Hardwick has arbitrarily deciding under political pressare what a duplex, a family dwelling unit, etc., are. Stating that if he had a pzivate family home there and he petitione3 to build a kitcnen, a bedroom, ete., for his son to live in, there woutd not be a problem with that. The Board is claimsng that all of these people were not a family, which is arbitrary. The Board cannot base their decision strictly on legal descriptions since there are none. ? he Board needs to take into considerarion the problem oi definition and the human oonce:� thatis being expressed here. Ms. Yiaddox noted that ihe Board bases fl�.eir decisions on the f'�ndings and canditions. She closed The public portion of the meeting. Mr. Coutney stated that the Board is not +.hat imnotent and not the poliYical body. The pol�tical body is maybe, the City Council, the $oard is here just to review the findings of the staff report. Noting that the reality bere is that there are two dwellings. Not only does it look like we have two dwellings here, but the County treats it iike it is two dwellings. Mr. Kleindl noted that this is the most difficulY decision the Board has had to deal with since he has oeen on the Board. Mr. Cou,• moved to deny the appeal oP t�e Zoning Administrators decision and the resolution based on fmdin,tr,s 1 through 6. ivir. Klemdl seconded the motion, which passed on a roll cali vote of 7-0. Submitte� by: Approved by: � Johr. Hzrdwick Jon Duckstad, Secretary .1�::\DA-EEQ Empsaye: r � �i— L O�/-3o7 tiaTovembe: 24. 20�� Board of Zonina Appeals C/� 7ohn Hardwick LIEP Ciry of St Paul 350 St Pete: Street, Suite 300 St Paul, NLN �5102 IZE: �'iie No. Q3-38i592 In regards ta the Essiings' appea? to a re-z�ning of 2137 and 2188 Bonnie Lane, we ue not in support of a re-zoning of these iwa addresses a.nd hope that you uphold yaur originat decision. We fee: thaY a:lowing the Esslings 4 people inside one single family residence is reasonable. If the Esslings would like to apply for a 5 peagle to liue out of that rzsidevice that is a licensing issue, nat a zoning issue. It is a singie family residznce in a Rl zaning area. To ailow the Esslings to operate tivith as a muiti-unii dwel?ing would give her *.he possibilities to put up to 16 peeple inside one house. This wouid de-face the neighborhood and'oring down ihe iifestyle of neighbors. �Je feel the Esslings have created their own issues. If the Esslings would �ave follow� the laws to begin with she woula aot have to move 5 peopie from one of the houses. t�7e also feel tnat due ta her aecept;on by pass;ng an inspection in 1992 when tiie Zonin� Board informed her to �e-convert one of the houses {2187 Bonnie Lane) and then after the Zaning Inspectors 1efr, ske put he kitchen back in and resumed business with I O people says that she has no rejard for the laws. The Esslings have also lied to Yhv State of Minnesota and Ramsey County by informin� them their business was a dualex thus aliowing them a dual license which is a license iss�ae. The Esslings have also pwchased, remodeled, and defaced a housa oa Snowshoe Zane Yo operafe as anothe: "Adult Foster Care" business. They defaced it by removing both garages and tuming them into apaztments. The Esslin�s in�`ormed us in August that ihey intended to puz IO peapie inside that house alsa. t)nca a�ain their de�eption has created their own issues. They didn': pull a buil�in� permit untii after the neiQhborhood calied and complained_ Thep also Iied to neignbors about what was �oing to occur at that house. I find it really interssting that the Ess&ngs by-pass the laws and Bridget Esslin� herself use3 io be a Ramsey County Tax Assessor. They know the grope: way #a do thin�s and they ignore the laws. � We feel the impact on the nei?hborhood woLla diminish the residential character by increasin� the traffic flow: their employee's, doctor s, nurses, service veiuel�'s {there are a Iot ofthem}, t�e patient's families reIigious persons, etc., Ehis is also 24 hours a day, by allowin� them to cperate as �ulti uni± dwellin� would 'oring �'own the property value's. 13'e als3 feel the Esslings violated t�e neighborh�od covenanTs, �long with �he City, Gow�i;�, and State taws. � � r� i� � i . b�-�p� � Tne Essiin�s ow� 4 houses �Niv~, in an eighth oi a mile. 2 oi which are businesszs. 1 oi the aouses �e iicense is on hold pending �he out came of t�e zoni�e beards 3ecision. Tne:e aze aiso 5 total adult _`oster caze busiaesses in a 2 olock radius. The other adult foster businesses den t ebe:ate as a con;mercial business i?ke the EssLnas do. The}� run them as law abidina homes. +tie also feel the Esslings are setting a precedence for #he rest of ihe neighborhood. I£ Zening �ants them a special use variance pe:znit, who is io sa� U'iat they or other peoole woa' � continue to buy singie family homes, canvert and de-face them into mini-nursing home comme:ciai businesses. A"mul#i family residence" would allow too many people living in one singie family home. It �Nauld aaain diminish property value, and has posed difficulty in seIlin� homes for some residence. The fi$h point, the Esslings aze not foliowing the laws. iier is she licensed properly, is she a"residential care facility" or an "aduIt foster care"? They are they only person in Ramsey Ceunty or the State of 7Vtinnesota who has obtained a dual licanse for one house. The Esslin�s didn't request a variance for her secand licanse for that either. � inally, even thoug'r, the Esslings run a nice bus�ness and aze probably very good to their patients, the only reason they are looking to change their single family homes 2187 and 2188 Bonnie Lane, ta "multi-unit dweliings" is to increase the value of their business � investment. The Zonin� Board would be doing a great community disservice by a anting the Esslings a vaz;aace to enhance their investment. YiVe appreciate yanr support of the neighborhaod bein� zoned Rl resideniial. It has been a great place to live. Please contact me if addit?onal comments or information is needed. Thank You, Heather and �tike Sanders 657-578-2504 2189 Bowvood Av St Paul, �ITi 551 i 9 � r � � r� � v, � ;� a'-ii-3o7 ---=%-�, � ��• Y�?1� l`�="T -y�I_^ii?a8ia�.?��r i:� :?T� 1',�.,�°.Z°i�'L'x � a^,�a: 1°', t>2� �iaiw 3�dJ?�i y�I�'w'�GL" �'Yi�� ii3 ��,c�,� L:_� i�: :.�±� u'�i::S£'S `�5:��% �G*7�Ti'�- �e`�, �ao�ic�� u'��T i.`L S"S��is°. i�.:izll;� ud+I��l�� 'i t 'r�✓ J`'�v.�.�i`J ( ? ; �� u'i. =:�:£j '��a.ase vc^sy �i3 ru �"1�Sc Zvr� G��ia'��v. I��w� ?�c;y� C�i�,a2��;� ?32�r,3?ci' �! � L'=� �� ?�'iia��S `b�°�,d �'vY°2 i�3 �� i a�3�;��'z �?^v��. �:,7 a' '? aa� 'il'fl�*1 �L'Li��3� ��?'caa.' d..'�'-��3� �,< .= i'3i`t� 3,.L±�'� �7w^ �"T1Ci' "T?T r' i 3 �"'f' `i� �aY f-ic �3 f5 '{�+.YL s31i�i ii_ a. � 3 �Y?J� i_ ii?,. a..'�� %; i,__� v ...,.��a. O-�Ss'�.. �J�� 3 h'°r�.. ��Sl£'isS �i��'Yi�?� n�ii�lt�4,'i3�, ; n��i°�Y� ±.,?�� ':b777 py ?'y� �.3�7 �,.'?� i?s` eL9 i�1Yy iiii'6 s°3 Zii;y.3��a OT s.:l�i� 3 ?�'1te �s°3,':d.��= al�.��'y c�� ?°� �i.�i�� a.��L ;ii �4 �°�c ir2i 'S Z'J��.� iflT 81I1�i� 'a�i� `+�'+,?�°��,�� i? �.f'.Li�*'n� Q 4'✓�i��`i' �1.� �ia ; {.��"'�i ��'�� i �J3 ° .��'.��.' �'3 �i°� �?��1�`�=�'3Q�9��. ��6�� ',+� 35.� Lu'� �. �.L�1$."s3°."*.. :a`�. !.�'sA?�"�"d �J�i_�i� �{ �:�i�iiLi�'i)�3i ia�?`� ��''v�° � +'�1%A��i?'+� ��. t?�5'�J... �T%J�1� ?.''� J'�.'.1:�1a3�� r'�1'�'"�fliu '�9s^3.ei� iSS�L3�� 7� `L,.'^,.� �3�'T 5: ±7L'"" C"i.il�lb ; '�� j i - u ^ '� �� a7 -.. .S , s � A s Zn r r .�t�i� a..v.��3L= � ii'"Sa.'S'.1 �?...14i a�Di,3�i.�� i� � 37�i4 3 i�2_ cT�:'3"i �€3__b.`c.'� _�s u`?�i`�;� l.�lw''�'� 3 ��i l � �v'� � / � , i�� / ^ � r v '�.�, �� ...�r. a�,,,s p-F� r ,, � �.s�:� � a 1u� ��Z' '�� hlfls��t'i tSY�. �i. �2€::�, �� i�� I^ i r � � �, �. - . �' Q�_�� .: _ � � � — - - "� -- - �. ;� .-- .. _ __ . � _ �; s. _� �. ..� � ._ v _ . -� _ _ � � _ . �_ ; �`'`- : r - , . -�' - r -t . - _ _ . -- — �% -_- � ,__, w.. �� _� , `� ,� ", � : _ _ .� _ � ___ , _ - - , _ . -. � � � � - -_ , r : �.u_ > � . � _�.---�_. __ � _,�. _-- , ;'�-�, .� __ �_ � � , _� � , . _ _ , r ..r... t �... _ _' .> �r_�' �^ .. _ '. __ . . , . T+ ' , � , ii ..... _-' � _ _-_ L , _ L.i� _ . : -_ .. .'. � :;y = � � .,',.se:- _ ' _, . :�. _,. , .. , - _ ' � �. . . - _ � a,i , 'a' ., -..� � :. t' .o �.., - C �"_ �, '^�._ ,-. . . . A. ��';�` .. ,.+. �. � _'. .: . ` ' .. . " , - �_ � ". ,. , _ -�. �., � t: . �� :.F a .- . >� . i � '�' , — ""'� � �-' �..�i � .� "�, ' - , �,. -.� a- , ^r' T . . , _ _ r� ' � � _ .��.. , _ .' .. � � �� , .-, ,., - ^ ' _ �^_` ..,� n _ . ..� . _ ' � t:- _... .< s ' .- . � ±'� � _ . _"_" '...__-�_ ... � _ _ ' _ .._= . ,.; { r _.. , 'w , � - � ? . .... _ ✓ - � ` � . _ _ „ �_ ._ . _;✓` ,..... � .... �-_ _ s' ' ''..� ° _ ,. -- ... . - "� ..,� . _, - � . �� ' _ " y +.. �.,� � _ -° __, � . '- - .. m . -� -= � �1 _. �t � �, hOV-i8-290� ?4�� , � CI-'( CF Sr�?NT rf;UL �i'iianesaia fle�arc.me�� ei ��;rrac� Se��c�s October 35. 2003 Licanse numbet: 809008 6Ji �bo ti�i4 r.Gi��c � 7 D C.Z � O l G�R + IF:PP '+�A7t Judi;h Essl,ng Esstings tiomes Plus 1nc. 2t@? ncnnie Lzr,e � St. Paui, A4N 55119 pear �Lis- ESSling' ORDcR OF CON�17)ONAL i1Cc�7Sc °ased upon a racammenda±ion by �Camsey County Human Senice'Jepartment, p�rsuant ta Mir,nesaa S.aiuias, sectien 245A_D6, the Comm�ssioner ot the Dapartment af t?�man Saroicas {°pHS") is placing your license to prcvi�e .aduit Fosc�r Care under the provisions af t�Sinnesois Rutes. naFts S555.5405 to 9555.5265 on oondiiienal status iar a pericd ai six montbs. The teasorts �or the ac:ior. ara as follows: �tinna_o4a Statuies, section 2d5A.06 CflRRECTION ORDER AND CGNDITfONAL LfCENSE. Subd �. ContenYS at �orreaion artle:s and condi:icna2 licanses. (a) If the co.mm�ss:oner finds ?hzt °.he 0ppjiCan. cr license holder has #ailed 4o c�mpiy with an epp�icaDSe I aW of Nl8 ar,d th,; tailute coe= r.ot immi�e�[ly endznger!h° haotth. sefe.ry, cr ri9hts of the persons served by che prr.gram, :he commissionef may issue a correction ar�?r and an nfdar of a+^.ndi.iona+ ficense to the applicani o! licanse haidee. When issuing a canditionai ficanse, Yne cemmiss�oner snslf cansider th2 nfltute, cltfORIClty� Ct 52vEriiy O� ifle YiClatinn Df law or ruie and Ine eftect of the v;okatian an ihe tieaith. satety, or rigrtLS oi persons served by tne program. 7he carraciian ofder or conditional license must State: (�} ihe conditions thet conSt�iute a violatio� af the :avr or rute; (2} the specifrc law or rule violaietl' (3j the Gme aliowed to correct each viata6on; and (a) if a license is made cn�dilional, the length and terms ot ti+e corditiona� ��csnsa. (t) Nothing in this seciion prohittits the carrtmissioner irom proposing a sanaion as specified in sxtion i4�A.Q7, prior to i�<�1ng a correction erder or conditionai 3icense. xinnesoty SYaiues, section 245A.'11 bPEC1AL GOiVt3f"ffOP75 `DR RESlDEN71AL PROG(?AMS. Su6d. Z. Pvmittetl singie•fami{y residentiai use. Res�dential p�ograms witn a licensed capacity of six or tewer persons shali be cansidered a perm�tted singie-family sesidenYsa( usa oT property foi the �urposes of zoning ar.d oihsr Iand use regulauons, except thyi a residential program wz�ose primary purpose is to treatjuveniles who 8ave violate� criminal statutes relati�g ia sex eftensas ar have been adjudicaked delinquent on tF:e hasis of ccnduct in viola[ion ai criminat siatutes rslanng fo sex arfenses shall not be considered a parm�ttea use. This excep?ian sha➢ not app�y to resitleniiai proarams licensed betora ,luly 1, 1995. Proorams otherv+ise ailowed und=r thu subdivis�cn shail not ba prohibiled by oFeration ol residc:iva covenants ar similar testrictions, regardless oiwhen encered inta, wh�ch cannot be met because ot tbe naiure oi the licer,sed program, induding prowsions which require the bome s cccupants tre rel2ted, and that che home m��s� be occupieG by tt�e own°r, or simiiar provis�ons. ��Y4 ��ay[:t: kcad Nc:ti • J<v+t P.+ul, Mincrrafc` •..`l;. • An ty�.a! Ocpofr��iq E NCU-:c-2r�3 I6;2� fi5i2°�i4°a � �\ � F.'22 � � �� NDV-.H-e663 14:30 �:�Y Gr' SRIMT PF'UL 65] �.�.6 8574 F.JGiub vt;NUei �v, c�v-+ O/7.�1r�? Judith EssLng T •�� Fage 2 �coC. 2�. Aduit :ostYr care iicsnsa czcaciC/. {_) An aduit `osier care liczn=_e hoVder may nav= a i�eximum i;CersB CopBC.:y �^.� ��VO ii HIi �B(SORS ifl Cdf? a!: 2C° �J7 O� OV�(2P,u' �.O ti0i �1aVE 3 s_rious anc pe;sistent mental iiioess oto deveic�mentai di�bifiiy. Vialaeioss: ; Ii hzs c�me to ;ne Depznmer ace_nGon :�a; f.�e prc 5l3/:7S {liC°OS2 $ 2,7 i BSl d75Q IIC8q52 n805005), e=ch w�ih a 1ic2nsetl capaciry of ive, are cparating cut ot a single tamily herr�e at 2?H7 8onnie Lar,e, St. Faui. Two iicenses were �s=�ed to rhis setting baszd cn ;ne commissioners unders:anetna ?hat the =_aC;ng was a dupiex, b�t i: is no: a aup�ex. Tri, is nc; =1lcwed ur,der .he o=rmitle7 speciai ccndit?ons `er; esi�e;�t: � usv setiion in'.1^e Humzn Ser�icas Licer:sing Act. Mirn=_sota 5?a:utes, eact�on 2<SA. i1. Guring a vi=: ?c ?; �is sice cn Septemoe: i9, Z00_, the Giry oi St. Faul Zanmg Deca rtment cen �rmed trat ��'' i?SevE eiL r�siding c? 3}12 2uOV° vCCfESS ci:L' :i121ty1� x7Lt ��^P �CC'd�?G 7fl'c s}np!e familv res�CenLal znning �+istnct, it was confirmad that five res�deais live on the tower levs! of the home ar,d fve tesidents I�ve cn the upper nvc �evels of the ncme. St. Paui Zontng has aet�;m;rsd ttiat��+te two dweliing un�[s exist 9t ihis 2ddiass, the 'noma iocafed in a distric! that does nnt permii m�!tipie dwe)ling units v�ithin Ne same buildina. Tbe CSty o15t. PaW has yiven you sa mcnths to cosn�ty v�+?h atl zoning regulations 4hat apply t0 ihis addrass. Because you have viota*.ed the restricaens cenneCed to your r°sidential zoning )�cztion by aperating iwc pro5iam5 Out Of a sing?� tamly hcme, yout lic2�se to prov�de adu3t �ostef ca�B is placed on cnnditionai statue tor a pe�iod ot six months. 7ERMS OF CONOI710NAL LlCENSc Yau may coniinue to ope;ate with a conditional liccn5e untler the icllowing stipulation=_• � 1. You foilow and compiy with ali parts of �linnesota Ruies, parts 9556.SSOS io 9555.52E5 2. You musi subm�t a pla� to i2amsey County Lic9n5��g by OMOber 23, '?fla3, whieh detdils how yo� inFenO !o come into comptiance wit� zo�ing regutztinns antl iicensting tapacity requSrements. 3. You mus4 comply w�in o�ders of the fire andlor zoning inspec:�rs. q, No addiiionai residents may De adoed to Nis ��cansed site. S. You iorward io Ramsey Count Lic�nsing any requested variancas io zo�ing or fi�2 co4es and/or appeafs of decisions ftom those agencles. 8 You forward to Rams�y Caunty :icenssng eny resAOr.ses received regarding vnnance req�es;s Ro zoning or Rre codes and/or appea� tlec,sions. 7, You previ�e che staif schedute and sta',fmg pa4teins fnr [his site to RamsBy Gounty Licensing by ihe 5" of each month, which documents ihe prevwus monih's staff schedule, 8. You psovide a schedule of acuvities af ihe residenL� fior :his site to Ramsey Covnty Licensing by the b'� of eaC17 month. w�ich tlocument5 ttle dady aciivl(ies O( i�e pfevi0u5 mOnin. 9, You inform Ramsey Couny Licensing oi any changes rega/Cing residen;s' seli preservation abiliUes. '0. You intorrt Ramsey Gounty �icer,sing of a�y plans tc seek a difterent rype ot )icPnsure or registrat;on at tnis s'�te. ��, You maintain atl requ'ved coneacts with case managers and Iicansmg statt regarding any changes w;th res�den�s andror telecation is=ues. 12, I! you de no! �revait in abtaining vanancas or w2ivers to loczl zoning erd�nances or do not o6tam permar.ent apptova! of your buildcng'S use Dy the 1cca1 2oning aufbcriry, yau must decrease :�e pcpulation serv2d to no more th2n five peopl6 zt thiS addrass 7y Apnl 15. ZflOa. � nCU-?�-2E05 :6:2g c5129�249� �� i V F.23 NOV-:B-260� i�:�6 Ci?Y CF StiIN' P°UL b�i 256 85i4 °.��/HE ��0� JUOiYi1:.5b1�(7g ' , Page 3 Your iic�nsor wilt n;Qrrf;ar ycur r.amfiiant: ;v;tn the52 •erms <'nd with ait �f �tinnesota Kutes, parts 9555b9G5 40 °5�5.626;. Ti�is may inc:ud� unannounczd visias. Fa,lura w comoty vritfi ik�e stipuiaGpns of yOUF rOf:Qt2:4^31 iiG�RS2 Cf rn� .n.�R2! r!Oy'r5iCR5 Of :'Y'rf711�<Ctc �,�iUlES 3^d t 8WS , i�ay f25it{� :!� tEVCC21:CYt DP y04I icCBllSC?. R7GHT TC �F�UES7 RECONS;.^.ERArlGN You have !he ricnt ta teGues; ?hzt ;hA Cemmiss:or.er o1 Humar Servic`s r�cansiGer the Crder ai Cenbitienat tscerse, at yoL c;,00se tc azercise inis r!gh?, ;he request must be made in wMing, and ii must b2 (�C°_IVQt� b}' �� (.'G7T10?{BSiO�iO/ .rJ;d C°r'- (`:.�:! `r'11:.`;i^ I°� �jtil C2'8^�a`; Ld- $ ' i)?j =y ��r yc:; r�c�:v2 _ S neiica �'�at your !icens� has be�n mada ceneitionai. You sneum submit wri„en argumenf o� evidenw in suppart ef yout �requaR. (See Minne:aia Statu!es, section 245A.6o', subd. 4j. A�smely request +or recons;�e�;3tiGn ct th� Cord�Eionak Lic�:�s2 5�<i s.ay i,�z terms o! ;he Conditional Licens� until t�,e Cemmissianer issues a Oecis�ep en !he sequeSt for reconsieera2ien af :he Orde!. Pleasa naie Yhal wiiA a siay od terrns, you are siilt reGuired io camp3y with aiE �pplicaDie lflws and rutes. 1( you fE�uesi �ec�r,sidetation o.' Ihe Otd2r(s) Ofi Condit;ona� ! icerse ;he reGuas: must be sent 20. Commissioner MinneSota Deoar,men? o£ Human Sz^.icas c,to Licansing t3ivisian AP?ftiion: Krisiin Johnson 44-? Lz#ayette Road St Paut, Mi��espta 55155-3842 The Commissioner's dupcsi4on ci ycur requeet fic; rec�nsiderotior is finai 8nd �s not s�bjeu to apoezl unCer Minn2s�ta Statvtes Cha�ter i4. 3! yoU nave any turther questions tagarding this mai;er, ycu moy coatacY XrisGr Johnson. L3ni2 L7anaoer wt {551) 29E-_>589. Sir.c�rely ��,� �--� Karen Kiefter. S . isor Division o{ Licansing c Jon Le�ninger, Ramsey Caunty Adutt Foster Care s \ � r'� i � s � V �/ t hC0 ?5�2? 65f2�71 P_�4 � � � NOV-18—�H63 14�3i �iTY GF SFIhC PFUL ES? 256 657G F,a�iLS � �-3`►� , ,, . , � 'Y1i�r.e...<o�a [3eCarrmer:; of�-?�trc� �er+t�s�s Oc:ober 1E zOit3 L;canse num�eG 231551 Cc-;-:^;`,'_� ; �=<i;_ J�Cith EssDng . _ssi;r:gs Hames Fiu<_ I:^.c. 2187 8onn�a ��ne St. P3ul. Mtd �5 i 1 S Dear t�AS. cssimg: ORD£R OF CONDtTiONAL LlCENSE 6ased upon a recommer,da[ion ny Rsmsey Goun,y Numan Sarvic° OapaRment, putsuant ta Mir,nesola S:a[uces, sedwn 2d5A.06, the Commissioner of ahe Deoartment af tivman Serncas (`DHS`) is �tacmg your license to provide Aduit r"ostel Care untler ihe provisions of Minnesota Rulss, paRS 95:5.5�05 to 9555.E265 on carditional status ior a pe:�od of six monihs. The reasons for the action are as follows: Srlinnesaia Statu4as, secsion zas�..06 C�RREC3�O�v OROER fiND �o�a1TiO�Ai. LiCENSE. SuDa ?. Con4ents ot correc2ion orders and conditional licensas. (a; If Yhe comm;ss�oner Fnds tha[ tha appiican[ or Iicense holder has failed io comply with an applicable law or tv9e and � lh�s ?aiNre does not immineni!y �ndan9°r the hea)ih, safe4y. cr rights oi :he persons served Dy tt�e program, the commissianer may issue a c�a2dian flr�e% anC an erder of conditlona! ;icense 70 ih� applrcant ar license hotder. 1Nhen issving a cendiifonal >>cense, the commissioner shali consider ihe r�atur>, cnronsciry, or severiry of tha vioiation ef �aw or ru!e and the effect of th2 vivlaeion on the health, safety, or rights af persons served by tha prcgram. 7he correction order �r wndifionai licen5s must >tate: (1} Ihe eonditions th&t constitu!e a viotatiGn of the law or ruie; (2) ihe spec�(�c iaw or rule 4iotatad; (3) che iime 2tiowed to correct each violation; and (n} if a 7icense is made condi:ional, th8 lengib atltl tetms of ihB Conditional licer150. {b1 NOthittg in thi5 sec2ion prohibits the commissionar frorrl Proposing 2 sanction as SpECiied in section 245A.07. pricr to �gsuing a carrec:ion otde� or eondiGonol licens¢. Nlinnesota Statues, sacYion 2d�A.i� SpECiAL C�PdDlT10NS FOR R6SiDE�771F1L PROGRAFAS. Subd. <. Permitt2d single-famiry resiCential use. Residentiei programs with a licensed eapac!iy o( s�z or fewer pefsons shall be consioered a permitted sir,gle-fiamily resider;ial use ot p�operty for the purposes o{ zoning snd other land use regulatians, except that a resiaeniial program wnose pnmary purpose is to eleat juveniles wno h�ve vioiated criminal statutes relating to Sax otfenses or have bepn adjudic�Ped delinquent on ihe basis Of cOndJC, in violation of criminal si2tutes reiating to sex oHenszs sFau not bP considered a paRnittad usa. 'Th,s exceprioo shaii noi appiy to residen(ial pro 3ica.^.sed be!are July 9, 1995. ?roStams otherwisa aliowed under th�5 subdivision shail not �e proni�iled �y operauon nf resiric:ive covenants e� simiiar ress�icucns. regardless e! when enterea inta, which cannot Ce me! b:cause o( the nature oi the {icensed p�ogr;m, inciudino prowsions svhich require the neme'S occupan�s bz related, ard that ;he horne n.USt be occupied hy the ��r.ar. or stmitar �rovisions. � � '{ j U � � #59 L,rfaynr� Ron�:Ja��b h'C� 1o�2i 5'.rmr P::i. M+h��cm ' ::I55 65.2°'71aS9 l�n ::qvcf Cipjaq;ni� �� .fn:o:a�e. P.nGJ NOV-iC-G�Hz -'�'�i L: Y CG Snli� ��U� r �� .�tl�I�'i LSSii[1s �T�' PaaA z b�l Gba C_�iu r.ua��o S�6d. ,ta. Adui1 fas;er :2rd hc�nsp caA=c�ry {�) An aduFt 'cstar car2licanse hold�� may have a �sI,T ��G2��SE Ca{]Ht;t�f 4fi iIVL '+i eil ¢EfSBT$ ;r Cc7: 3f? �6� �5 Ot OY@f citd d0 i1.^.� �.`,dY� 2 s2�iou5 and pers;sient menal iilnzss or a developmeniai disaoiii,y, Yioiation: it 7?as come io th20epartm.ent`s att°nticn that twc programs (iicnnse» 231bo1 and iicense :809COS), each wiih a licen�ed capaciiy c! five, 2re oFefatine o�! a! a single famiiy harne at 2187 i3o ;nie ! ane, St. Yau1. Two licenses wer=_ issue� Io ihis sec"sng based or, the �ommis;ione�s undarstandina that tne s=ttinc was a 4up3ex, but it is not a duF�ex. This is no! aticwed urder tha permitte-d sp�`al canGitions for r�sidential use secticn ir. the Human Services Licansing Rct, Niinrteso±a Statuies, szciion 245r",.19. Dut;ng a visd to fhis site on Septem�er t9, 20Q3, Vte City oP St. Paul <ort ��e �spaZmBn2 c0ltfivr7�et' tnat 10 PESidenL 2re tesidinc af the abov2 �ddres=_ 2n�' that the tvilding is tocated ir, a singie ;amily r.eidentiat zor,ing distr� it K�s confirmeC 2�1at flve res�tle^1s Gve on ihe ;ow�r levei oF tre hcme and fave resiearts Irve on the u�oer two lev=ls ot !he home. $i. P2u1 Zor,ir.g has determinad tha; whii2 tv,o dw�elling units exis[ at .his address, tha home IocateC �n a disirict that daes nct permiY multiple tlwelling units wiihin the same Cuilding. T� �e Giy ci St, Faul has given you six mer,ths ?c compiy wich all zoring reou7atiCns that apply to this address. � 8ecaus� you have v'roleted tne restrictions connectPd io your residentia! ton:nc iaca?icn by operatlrg iwo pregrams aut of a sineis family nome, ycur license [o provida atlulc !ester care is alace� on conai?ionat st2tus for a per�od ot six mon4hs. 7cRMS OF CONDI710NAL LtGE�YSE Yau may continue to oper2te wah a condlt�ona: hC2r,5a�ur.der the to3t0�++ing sUpulaGcns 1. You (ollow antl comply w�th ail gar,s o? Nlinrescta ftules, parts 9555.510b to 9555.5265. 2, Yau must submit a plan to Ramsey County tica:�sing by Octo�er 23, 2003, which cetails how you �ntand .o c�me inco comp�ianca with zenirzg regelatians. 3. YGU mus campiy w�th orGers of the fire andlor zoning inspectars. 4. No 2dditionai ;esiden:s may be added to this ltcensed site. 5. YOU prcvide Ram:ey Caunry Licensing with a capy af any teque5ed vanarces io zen+ng o� fire codes ar,d/or apFea!s of decis�ons from those agenaes. 6. 'fou ptavid8 Ramsey County Licansing witF a ccpy o' any respanses seceived regarding variance requests to zoning or fir= codes and/or appeal decisicns. 7. Yflu provide the ;;af� scheCutes and statfrno pc!terns tor ihis lIC°nse to Ramsey Gounty Licsnsing by th> 5'" ot each month, sahich dooumencs the Frevious martth's staflschedWe. H Yau provide a schedute of aciiviues of the residents for ihis Iicense to Ramsey Co�n.y licensing by She 5'" D} eacb month, u+hictt documente the daily activities ot ?he przvio�s montn. 9 Yau inforh� Ramsey Counry Licensing of any changes tegarding residents' salf preser�ation abiiities. 10. Ycu intorm Ramsay Ccunty Licansing ot any plans to seak a di(�erent type or licensure o� tegisiration at Shis siie. ti You mainta�n al; requir>d wn�ac:s with casz managers and licensing staB regardirg zny changes with residenL andlor relocatio� issues. 12 tf you do not prevai( in odtaini�g vanarces or walvers ;o iccat zor;ng Qrdinances or dc nc2 catain nermaneni apprcvzi cf your building's use Dy ;he ;o�I zening 3u;hcnty, you must oec�225e the pcoulation 52:ve6 ta r.o fnore tha� 6ve peeple at this aodress by April 15, 200n. � � � i ; . � � � � � � V�.V-14-G2G'3 �5�2i 55.eS714°_^G 'r.C�.'S � � NCV-18-e0�3 :4:�i Ci?! C' �alPJT ?��L b�i e6o E57a F.ab�vb .iudiGl ES51ina ON 3 �aca 3 . � J ',+our licansar .ntl ;ncr.itar ycur comyi:�ncz witn ;]^ese tems and wim alt oi L1inrQSata ftules. parts _SSS.S �OS to 3555.6eS�. ?r�is mzy inciude urarncuncad visis. �ailure to comply ,vith �ts stipulatiens cf �: CLi ,:; r,Cit:cna! )!G�;^.S° Cf 2114 O?i'9f �tcvlsicr.s �: ,uiir.ne=er Rules a^'4� 1.2M/5 IDBY (eSiJR i!7 :'�vecaiion oi ycur !iC8:i5c. �F!GHT TC Re�UES; ftEf'.t'iNSIGtR. YOU n2v2 the rio�t io re4ues: :113t th2 Cof77mi55icnef Di ;�Ufiman SeNiC°s r2catisider IhP Order o� C�r.�iticn�l Licer,se. Sr you c:�no:e ?c exerciss this rchc, the reques; tr,ust Ce made ir wsitina, and i+, must c: ;eceivzc �y , he �en�iS3.e'y' �y Gs�:�� ..,�i? wit;,in :�^ (;61 safr_nc�r c'ays a^rr vou .'srP!`>E (�ySS �ouca ?hat yo::r iicanse r:as czen m�de ccr,diticr<!. Ycu shculd suhmii writte^ argume;,t ot ev'�derca in ;u�per; ci yout reGuest. i�ee Minne_o:a SYotute5, sectien 245A.0o", subd, 4). A tSmaly requast �cr re�cnsiCe:�tSan ci i,'�a CDOC•l::v:i3: LtCB!iS2 S�'�2I} si�y ihe t�rm:; ci i172 Co�;d�;;oral liten5e un+i� 2ha Com^�is�ioner i�sues z deci�ien on the request {cc ;emnsderacion e,` ,he Order. ?leasa nofe ti�at wiih 3 s:ay ci zerms, you ara siill tequir�d ;a compiy wltn ail apolicabie Iaws aad rules. � •It you sequcst rec�nsideration c� tne Ordeqs} oi Condi?ional License Sbe recuesi musi be sent 2�: Cammissiorier Minnesota Deparfinen! ot Numan Serncas cJO Licensing Div)sicn ariention- i(ristin Schnson 444 Lafayette Road St. Pau�. Minnesota 55 �55-3842. The.ComRnssior,e;'s disoosihon of your requesi �or reccnsitleration is fnal zns� is ret sunjec; te appe�! undes A.1lnnesota Statuies Cnspter Sa, � If you �avE: any f�riher ques4iOns 7egarQ�na thts fnatler, ycu may coniacf KriStin Johrscn, Uni! Manager Ft (E51j 290'-2597 Siricare;y. �� Llt�� 1 S^^�"� K ren Kiaffer, S�perviso�� Division of Licensirlg c Jon Leininger. Ramsay Covnty Adul! Fosker Gare �� , � NC�.i .O�GL b.�iG�7.QCU�' F.07 �C�r",L °.�E b4�-3a� � � ZG�'Vi�VG CO!�°LnI�Vi T � !� :�1'J `,]'1V� �= i_QIJ�'i�![.- ��L 't3i.T1:,�1�T;C v. .��.._�{�LK�."�..i��'(.: �' �` • f _ � - � � '\ # r,i�D3c,�5 Zly,'7 i�.tl%a+�.0 �-Ge.�L=2 D.4i�.; G' i�% C�iYSliS =R_CT i � � ow*�� = =� ;.;�.� t�n�r an� z�ss _ �o�r.: /.3� CGM"r:.2_ZNT DATA• � ^,s � _ � � Y+�t_L4..t („`,L,�� /� 8 .r � �T,r_�T d'.'A �:__ _?i. tir _ _-¢� ' PyJ:u:...J ➢ av.�D NV. �:.L h [ �1_ � C- � l i--N ,I � �i @ , �dc, �.�{ ; , _ - „ t�}'�°L>.�, `-,� �. - - - `� = 7"' �.� ; � � �' � � < � i � _ -1 � � S ( ' ' � I � % L �� r. �� [ 1 � � —"i' 1 � z-, —�— c + _ S� �� Crl/.f 'i / J { 1-'+ \ � G�� = � — ! -. r ..-: - �,�� - ` /�� C'� C C�.t , � � . ' --- ,., � �_ _ ; � c � " - � /� v - - �. � / t _ I . �i ._.. . Ji.� �i.�tG r ( ,_ Zo^i: � Ca^ip--`n� :.cg^ia� Sv=t2T Da`- � �. r J ? ; �� ' �, _-�__.._�e _zst_ic� ca�e �zceivec(vy/-;/de) lc� 'p � 2o:'_lno aistTlct � LL cciaT�l2iRL tY?°�Sc° taP:tii J �.�...�c'= ..= 1'S�2C.._OGc — ._IIRDET Oi CcyS �O ..;. � =�O::ff /� C:C___.,.. �..�.:cG�V' ' - �� . =1 ,_umbzr .._ ..-;�� _., rese=ce - M-..��C�: ��.� G �:- -•l \ � t�_v - :� �I —�__.,._ �_SLLDSC3uL�d�eC 1 ?,. .� , , - /� r � py-3o7 � � i L1 S i CJS' J '' '�' Yr� :JL le,r.es Sc::r.'�ei, if.cyar � �Z,L��2��J2Y ;..7� i�92 .i3Qit[� F_. "S511ag �euII �'oY�c SODllEcD CRI1uII 21_87 3onniz Lane St. Pzu�, :IIv' .Sli9 RE: 2187 Sonnie iane Desr Property Owners: Crtt� GF uC-.:.��Sc., u�5PE�0`S Ah'D EYZ7ROti'v:'r.1�T::L PROir.._.^'iON �ZoDC: X� T•br,:os BUILD: NG 1 �JS?EC: iG1J AVU' bc'SiGN 1� W". Xel!agg Bou�svcrc Raom �4.` Civ Acii Sast?au1,:dlnneso[a SSi02 :eienF.or.e: 6i<'-293=2i� Fac;imi?e: <'Z%-??G7 We hzve zec2ived 2 co�p�aint tha� tnerz are too many persons living at the re:erenced 2ddress. T_he property is located in aa R-LL, resideat�al zor.ing dist�_ct. Our records incica�e that tne bvi3.dino say oaly be used as a sinole iaLily ewell_ng. rnciosed are pr��;sicns 60.2G4 a^.c 6G.2�Jo of Saint Paul Legislative Code wnicn de*ine the t2rms "sasily" " n� Un_t". ?he definicion cf and Dwelli � "ramily" ir, t?:e zoniag o:dinance (see att2ched) allows a m2si�um of four uarzlated individuals living together in a dwelling unit. Wi�hin the dwelling ur.it, each individual m2y h�ve szparate sleepin� roows but they mest shared the kitchen and remaining licing sp2ce together. An inspection of the bu�.ldir.g is aecessary to eeterWiae if t�:e use of tne premises is compliant with tne City Zoaing Ordinsnce. An inspection is scheduled for Tuesday, Septenoer 22, 1992 at 2:00 p,m. I:eauest that yoc or a responsible adult be there so tfizt we may inspect the buildir.g together an� adcress aay concerns. 3ou should also na��e z cepy o_ the 1e2se ag:eement indicating the nu�oer of perso;s resid=n� �n tne building. - o If a ciolztion exists, you wiil be given ad2quate time to brir.g tre buildir.g :nte com�l:arce. I= }cu 'r_zve a ce�rlict with t�e scceduled i�spect�on time c_ h2ve cuesticr.s, plzase cail c�e at 248-4�84. � �/ s ��.� i j`,-,- % ` f�- f !`', =� �� \ � cwTE?1C° K. ZcP.�S ZvP.� IIa �'EC.,__�..=cR i��:KIL � ` \ `/ L ��. �ss_ a„ Yc_'�, Cc :,... -.:i00 _.�dg=c; Rcad b�f-3a� � � � � = i �F C I 1 �� :'�.. 1e�r.es ScAe:3eT, ?/•cycr � QCt^.�DEi 6� i� �ti�_:!1 :..551_::� _1�] 5Ci1 .1° ? c :E Sc_.�� ?clli� �'!y .��+� RE: 2187 3cna�e iane Dea. `:s. Ess'_i,^.g: o�� ct � i��s" t�s�s�c�s n.�� ,;:�o:,ua�1.=.z. ��o_�::.�eu KODG� KLSSIe LYPC%OJ . � 3'u�1D(A'G:XSPEC710.N��'D , :7cSiG.V pccs:c.iie: 2�?�i�G7 IS N Re!Zogo Boulev¢rd P,ccr,. 4<° Ciry;:ci! Saint ?c¢!. b7lr.ne=ctc j510Z �s ycu arz z;;�_<, Z'_n<�ectz? t:_ - =operty oa Septe��er ZSte oi ti:is yes: ar.d co-f_r�ed *_na yeu have �.-. i=1e�a1 aweii_ng u^.�t _n t�e base�.er.�. Ia cei' ..i5cusslc, 5, you sta�ed tF.at ;'OU have a L=.,._'_y livi�� ia L'nz basemer,t uni[. Ycur p_operry _s located i-: zr. P.-LL zoa_n� cist=iet. Th:s discrict per-its criy oae fenily c�ellir.�_= :er �o*_, Ycu aze tnerefo:e in violat:or. � o: 60.4C7 and 60.412 0' �:e Cit�'s 1F;isiative coce {see enciose?). ia o_.;�r tc bz in cor.,p=iance, t'r.z ce:a.ts must v2c�te tne l_ewzr uait anc [he ?ock o: t:,e door sepe_acin� t:e basenent ire� t. uc�er _evel �ust be re�o��ed. ?!;e deac'1'_.�_ =or cenplia,ce w_th this o:eer is Mor.c2y, l'o 23, 1992. A�;ei�spect�c^. '_s schedul=d fcr 11:00 a.�. en that czy te veri,gy co�p�ia-ce. :cu or a_e=_�ens:ble acuit shou:id be present fcr tne ir.spectiCa. F2i1u_e Lo L.,^p:; wit:? this o*3er could S25L'�L iII iur[;;e� er`orce:cent acs:o�. I: you nzve ar.y quest:;er,s, pie2se cs�i r,�e at 293-��84. � I n � /,,�, r \ ,� La�nce R. Z�C�s v j � Zor.ir.g Technic_<.. � L�Z:krz e: c. r i \�� - - �- .. - -- - -- -:;,-- - - _ -- ,:, = ,_ _. � _ = _ _ - -- � _ _ .-.� - . y rv ' � � � - ' `-f -� ,� : . . � . . 4 _ � - ` 1_ .. !T. .� i _ _ _ - - - '-: _ _ i - . .� � i '.L _ ,-. _. �. �. .. . . _ _ _: - , f - _ t= _ 1 . � �~ �. � � _� I�_ 1 l � . :! I " ' - _ r I - ' -� J I� .`.1 1 ' ,� " _ _ _ �'i _ C � .' ' . _ _ ' — �-� ;7' s- — _, - _ _ �� ' J �� F._I _ i:i .,. — - = � : . _ � t,, � . iJ = _ �: , _' ' " _ _ r , -'.: __ _ .' ti _ J i,_r , ' � _ — _ — �— � " ii , � `— — _ — ' r; _ _ _ ''' _ ' '.� ,,. _ _ '_ - ' — ` � - ` _. _:r � i: ` ;� , D �f -3a7 �4 s — 1 r�� ` � ::, i �� 0!�-�3a7 , . . . � ; � __;._� � .�T�'. �� 17�Z a _ . ,,:,; = � " ..-_ �1 . �,. .. .. . .. .. . iI4"Y/� i /j�G.fjL/"/c.C 3 << �.� -x/./L�U . — f' /�✓(�� ,�.c-' �. E2ci(� .,�� ✓.%71''.hx-Y.it'it, .��(. q� � �.1 0 '� �",�,;� f�,.-v j �nrZ ��.��" -�,/ r �-�. i:.-r-' i v' Gt Gc�h�'f?�ii '� ��— �-� / r / �f,(/L ,N " /'� `.`-'„� ) ,� yN-4h7 Q� �✓YLc� G:ft' . � J � ur✓t.z� �t/-u� �j��. ��Z� �/�-�k� � � � �-� .��r�.�`' 1�.�. � ;�'� _ �.:-.��- �2 �� '%� ,�..�/�� - �� C ✓ 2 , �r� �� i ;�. L�G^�" � � ��... � ,�/ / � ° ��32:L� �, r t�{ -�'' LC.c- .L,/j',,,L'F.0 .'�C�/t� , . f ' �cf�tz.�� / lJ� � � `� � � �/ :� � �^�2��/ .�,/ � ��.� �,� , � ;�� i �'�-' V • i'1°? i JT G � �� $O�T .ICiiP3SOi1 � Trom: "Sob Johnsan" <Sob3YiJonr.san�nsn.com> To: <1enn.hardwicrCiG.,,�aut.mn.us� Cc: "Boo.iohnson"<Bcp3�r�Jnhnscn@msn.com> Sent: Mcnda�, November 17, 2D03 �:`s9 P�A Subjeci: Zonirg 8oard Appe2i - Essiings To: John Hasdwitk From; Ro6ert and Susan 3ohnson Subject: Zoning Bo�rd Apoeai - Essiing Date: November i5, 2D03 V�le have r�ot been active in this issue but now fe�i �ve must speak uo prior to this hearing, i spent about an hour with the Essiing= and tourec� their ihree properties recer�tly. They 52am to c�re about the pecpie, they told me flf some good support from some neighbors keep tne groperties cleac;, are �oiag a#ine;oo in r�modeiing the Snowshoe property, and told me they had fo{iowed the rulas and ragulations. Tne fact that they had 10 people in ane home did bother me as does the increase in tra5fic. My initial thoughzs were that a second kitch�n in the Bonnie Lane prope3 was like having a"nother-in-Saw apartrnent in ttae lower ievei. They seem to be providing a yood se.>vice, are invesiing in ihe proper�ies, and overall in their opinion are fc3lotiving � the ruies. Ho�roever, after receiving and reviewing the recent "Dear Neighbors" ietter, ? believe there is a whole different story. it seems like the Lss}ings are and have vfalating the law, have c�eceive� the city, county, and s�ate, are saying one thing and doing another, and are now basically raquesting tn have cur neigFborhood re-za�ed fram R1 to aiiow multt-unit dweil9ngs. Sy this one 4act alone �se sars �so� su�s�sorY the9r ag�eaf. The sacand kitchen must t�e removed, ihe occupancy reduced from 10 to 5 maximum, and the zoning maintained at R2 only. iT �rrould be beneficiai to determine ii this business is an "Adult �as:er Cara" facility or a"Residential Care" faciliiy and which rules and regu(ations shauld be enforced. Additionally, cansiderat;on shoui� be given to Fining tha Esslings for past infractions and providing for s2mi-annual on-site inspections of the propertias. W° appreciate your support of ihe neighhorhood being zoned R1 residential. Piease contad ma if additienal commer�ts or in#armatian fs needed. B�st regards, Bob Jci�nson 651 738-3�51 i i=9I N/'snthra� St. S. �t, Paul, MN 5�3i9 �� ,� �, � ?!� �,�zca� o�-�� I�ove;-:�er ?&; ?n0? Board cf Zonir,g AppeGis c/o John Nardwick. LIEP City of Saint Paui 35Q St. Feter Sireet Suite 3C0 Sasni Paul, MN 55902-9510 RE: File Ivo. G3-381592 Dear tUlembers af ihe 8oard o� Zoning �ppeals: Thank ycu �or the Pubfic Hearina �lotice we received regarding the two dwelling units at 2187 Bonnie Lane in St. Paul. 1 urge you to uphold ihe decisian oi the Zoning Administrators and io reject the appea! by J�dith �ssling. 1 also ttrge you to reject iU�s. Essling's appiica#+on for a conditionai use pen at this �roperiy. !t is exfremeiy unfortunate tha# tnis single-family home was ever given �+,vo foster care licenses by #he State af Vtinresota through Ramsey Ceunty. Sy giving one home �iwo, or maybe even tnree, fioster care (icenses so zhat � 0 or '! 5 people can )ive in one home circumvenis the laws #hat apply to larger residential programs, exp}oits the foster care conce�t, and makes a rnoekery of the Ciiy's �aws perzaininG io larger programs ar,d tfie zoning regulations. The Zoning Admiristrators have made the riqh# - not the easiest - bui, the right decision in this case. !'m certain Nls. Essiing wiil work hard to biame #he Ciiy of St. Paul Ramsey Ccunty and �he SiGfe of lVlinnesota for disrunting the iives o; these residents. !f �r1s. Essiing had operated vvithin the spirit of ihe laws from the beginning, she wouldr't be Tac�� with the relocation of individuais who have .ived in this home ;or seven years. Her business decisicns have resuited in this siivaiion - ihe City is not to be btamed. �� r� L Than4c you again fcr the aoportunity to ccmment. G. Q. Scnmitt 1172 Seuth Nlir,thrco S±reet Si. Paul, �%1i�1 �51i9 65�-578-�771 �{ . ;;, ,;�,? t� � � ��"��,�_ _�� s�� : a4-347 � ._ �.,� =7, 3ioc;c _, -.F�.,.�=c G ' a '� ---=' � a�c. � � �� S�:a��'f S�� iS�p - G".�C� �� "��'a7�i �� 9��`�Si37.� �� '�g:� �iSi9��iY A�57��i R:��q THE ASSTRACi CL=RiC OF RAMSEY CflUNTY HERE8Y CERT{FIES THAT THE EXHfB1T CONSISTING OF cNTR1ES NUMSERED: One (1? to Fi=tV-iive (55) (°GTH INCLUSIVe) CONSTITU I cSA COMPLETE, TRUE A(V[3 P�RFEGTABSTRACTO�TIT�E TG THE PREiUIISES f�ESCRISEC IN TNE CAF?ION ABOVE AS THE SAME APPEARS Gr RECORD !N THE OFFICE O� COUNT'� RECvRDER OF SA1D COUi�lTY �-ftOM: The governmer_t to date ar.d hour hereoi. iSSUED A i ST. PAUL, MINfVESGTA, THsg Twenty-sixth DAYOF Sep�ember A.D.79F ?,ND SEAL OF O�FICE. ��. I�BS� RACi CL�RK'S CcR3it'-!CA'r E fVO. 29923 . FOR I AnES SEt �SCAOR I° HER�CTO. F4n JUDGMENTS ETC. S�E REPOR+ A7TACN_D HERETO. ��4�s 7 �1`, ;: l ` 0� 301 " i ----' i i �r i ; i I i� �'_ � �..; �c � '� � ) 1 i � � � � c ti :� ;� :�( - --- _------- -- ---- - 2 �„r � /�}' r- s:e.z a� .v��:r�o:,; ' . w _c�� ar ?r:szr i s= • "- �:::� �: 5: : _�: � � '1 � _ " �. d�i;..: : -:.,..r ._ _:e L ,. �3" � i' / LOJ :.E1':,.' w�-.� ;. ,._ .. r-. � l < � " 1=t�."-'-�� .i � FjcS . „ - ..�.r� �,_..:-.+�c. _ .7 _ ' '' ' """_ '.�_'" . r �... ��+.'<"*J'a'- . ^P` ^""�'t. - c! _ . .,,, .,:�_t.�_= — < i '�/ f/ ✓ V .�-z_� .. o� � ................... ._......._....:::. �:::.:- C:ty o: Sict?aai. do S:.reby':er_.� __.: _a.e c. _,-- :. __� ta<fi r �,, r r� _�:r _-; "_-�. e. ^.:...c: cv- o. ..:__,_ :..e \'a ..."'""'... _........ ¢ :vzd....... 'chrv' ;::.J::. � Y°- �..:_. _ z =r.d.. '- . mt. c� :'e i.:.y c::: e 1 a......2: C -'[I :�''': i }:cr2:O.�..0.�:2� _._ _Y•3.Se'C }._. °.Se eri� ^.ai Fa. c_� .,. _ ::o= icr �._ -�.... ,. . .. . . s'.�cc> a-.cio: rc> s s:�•:.:1.E L mi3 rrsa:»_s : oa:.�e e:: �. �.... :SC. s,:2._'.5 ct �._ xsc:c:.:-. z-v ::._ F]' c! :.. .. tcx z-,d :�r:ec: <cpie; o; �.L crie�s„ u_3 :::e c;.�:e :L r- . :i'.:rthcc�L. _,.a..'=eoadiG:ac..,._.. Se-� c�pii�+. witS. � P\2C4LSesF�o:tisxCii'c:ri.:ra_;:?� ..... Aori1 ...... . . ru :3 . ............... i. �._�.._. • �:� �Y r'�.:!/. . . S/Y�.�-^ - — -_ « r � 1 ; %� � �� J � e s e � 1 ' ) � � � 3 .� _ _ � - . .. � "- `� `_"_.� � ...� - '�?' _ �— - 'p^�� £..r � ^" =s. �` a ' ''' � � ._ ..�. :•:�.� .__' _'_ _ _ ' _ _ '_" � .�.��aacit�r '�' ._ � e:r. �,. s.�:. � r..�;.. �.-.� .,_. "- "� - .. a �/7 1�tii� _f:�::.�°_� �'os.,zc;j . scl<<<., , � ��== �.,� i,��. ��------ �: ,�..:�� . , ��.--,:.._. �,.r - Acic�red To o::; ------. - c�� ar o- ::r.ot �. _ -------- — - ----'-------__ --'- �� ii.5'vi'. : c[ cpcn Cc_ �eCiiio: a: iii__`_�= iecncr?_�'_ .. - _i< screc: `"e'=c" c cesc"_cc =�oaa:ti, thve sec:ior.s u. � cblic s 3'r.::`e v<te vac;t_L :.. cisor..,.'.;:ec as a p J u2 S1C L.E Sd. CBC°C� u• �- SGt�� , . i- i_ons. ;,?i o: "h=op Circ_e as oc=� n Caw 4il:s^:7o. 4 co�z=^_' +iCi ccz.-_y casac.c:cs de3iczcec co Cna pnb?ic Che=eza. . . - - :�C`a:s� Sub7ec: expzass'_Y ta [ie °o1lcu:a� ee.:d?ciaas >.... .-_" vac�[:cr.' izc: _' ''i C:^.z C _' '� � 1. Tt:s[ ^.ha "' ' ?3_�� c..= Sc.c-_" 'c 'c�.::= oE Cha7eer L0, .eoc_t�z� L�__-� -, . � Coc_ as =-°n¢ec. 2. ThaC :he Pce_'_one_s a„rz_ to io"':: C:rou=9 �i[.` :eca.-caao: ci :'r.e 7�opeseL p:c[ o: Leo:nrc ^va. }'?11e d_c_c�r£c.lai ;.:11 k^e::lecie :-at c.ic vaceczun is ce,^.e::c_: [� c: e c_' -_ -d u=i__[y easere:;_'' ' c`=_ acv sc:eecs,•c_aiazoe e.. .__ ^ Se "'zc ��d Y-_i'.=' ""�_.. ec�eioeed ^:c?osaC p'_c:. Sa:c ?- -_ -. _", ... c:-o years i:om cca ei:ect;..e Ec[e o:�t.�e eccat>cn .� '. 3. 7F.at ::e Fe"'-�ior.z_s noc be =eauirec to £vSa_sS c`.?er.s"" - �o= aL:erne.z : ceca due Co tne decicaeicn, co che CicY, z'bi:t-of-F'ay� " "'_' �': 4. ''tnL - e?z:icio^er� ics sueczssor-� �= =n�_c. ' �o •:: z�L �_-i:cioes a° t:'. - c:<acion- az_<e -:ceptar.^.e oc ^e �e:-s -._�less v.e Cicy�.i Sc. '�- . _ ir.2�n:�=:v, do[enu ..ac :�.. : clax-'s c- •' oi[iccrs �ad :�ployces i:�, ai; >u=ts, acc_�::s, a _ `c«nz ir.ciu'c.r.g, Sv: cot i,r_�ccd cc, a cl�-n S_ '" e�sra.tee, � avsn;Ca_c S�: o: a�y in;cr-os. cr c.�:as�es rece:ced or . r ce�_ur.= �- persoas cr ,-:;ar:y� e.� �eeo�.:y[ c° [n:s c � eae= �u? c ° '; :iciceer, c= -. acc or c^iss!on, u r r.sro:u:.:c _' �_� '__ � bacause o� +�.y ci=:� oc "zbi'_'_ty ariss� "'oc er c!s= cn �'+ � � v`_ala.ior. oc any ia�a oc co�ulacoa Waca ia tccorca: c'- L^.a =_ , i ' vhzciat by �. e pe.:t:.c:.e. o_ cny o' "s a„ ::s c= '. -. zas. R 9 �J ___ _' _ CDUY�l1.1L'V ' -- _— Yva si.mn.r Y '" � o�... : X�v�z !n YavO! NIC�v.a /; � ScMi]al �e�InS� � TsiSee ? Wilam 'i ne�w�� n� e��<�„ n1 � cF9 I]�o,.._— � ) c<. t r1,..�a c x2 p j, ? of y �! / .! � _/ �� 11�=G.:- � a.��.v h""'�T.a. �� _ =[� " i •�ai �� 1 ��!'��C� ) —°-�_ � � B) __ —_/ i /, ___ .. { � ?�io<<c :: ,.:"k - 3 i�Se I _��.T--� -_ � _ ,-�-a_ :._ ` ,�i —.—_-__—_=_____""' I � RvSUested by G�a�rtaen: o. � . I .__ t�_I:'u':C6 C I S._LV_G_�___ �I 3y i:. .- ij ! � io�m 4 P'rm�e3 Sy G;� Amm�-�' 4 f �'�( i/ � , h /� � i E Y °-� � �_ � ___ � A;Xmc:SS`-�•=�.o:S�Sc�zuca:oG_.�c.( 3r _.�___— < n:��-----. .-�--� _, ,.�-- -------- i a�-3o7 s � /� ) ,; - ,. � � � 1 �4—�� . � : , . ; ; . , , a � � � r, _�. ti . s; 1 ° Q ' .. ;� � —N , � > 'c i i ) � � ; i I _=U,�-: �.:.< .:.__., _.,_ ._: �_.�,::.� :�---_---� = �, � ti:�. �� ..�. �. ..__� -:_ _.:_. _�� _�- - - -- - --- = ---- -- -- �__ __-_ . .- : _� ��=.__.� ;�: �-_ -�--- -- ____ _- . �.. . , ,�., �... .,; . s='_. saic iacs a=_ so^a:cce '_' '.c__o' . "' '"" "_ " . � ._ _„ 2.:Q CE51::3G W n]uC _2 CO __ CC 1..� � ••._ 2a1�_�V t]� 5... �J:�a ..i_ - i v .._ sa c Icc _: saC3 - -._s:ci :::c :�._:c'. ' ' ' hara�v r:er.ecx :.."' : ' '_" "rs c_ �r.:' c' "'"' "" "" c`.=e :a - " __ ' "_ "' ;'- _ " c=cer --. ': a ^:...:�.^ `=-..,c �..': sa�c = ' .. _:.. . n_ ao� __ "` " s'"""= _'" r' " _.. ._.z ..e=c oi_7... .'a-ce c`ezea': c '}.: :.0� GS= I�O =C: _ :d __�_ _ _ ' '..� -/=-__'_ tur^a==. ., :es:can _._ "'_" ' " _' '" _" ' '"_""_ _ - "" _:ee ;e -r..:• r a: ' -- '`.- """ "" ` ' " s - .^- e"..:. _:a""_ S_c a a::eee'�" _"'__..::.:" '"'_' -" ve]z ["'a5e. 2. t,�,C:. .- : _' i:c __.. _' "_ - v_ " _ al:er c ' ' ' ' _� -' - a _ '"" "' " " '_ d re' " '- :�l .cr.- '"_..:. �' " _' " � ___- i; - •^_1i1 = - - ' •3` - -- ' __ ___ . '_oca.�c:; _ ' '__ ' __` r ,�__ a '":_'_ '- _'_ _'_' ' ' :ar ..._ 1�: �.:�^ '_ _ _ -`t_+.. _ " '.'_ ' " ' ..,- ., _�_ �»„ _ ,.laa _... ' - ... ' __ ' - .a: Co.:_� _:io:' c'_. ':_ a _"" :_-�" "'_ " ___' . �a-<=��°. : _ ' ._'�rcntx" "'"_" _ _ ' pia: '_s a' " `'I" _sva__' - -'_-- _ -:s' _� "__'_ -.. c:ue= c._�a � -. 'e'nich'._ -__ "'_ .: - _'"^-�... __ _ . .. ^_o c.-on=c: . — =ei "ea' �_' '_"_ ' '_"'_ " ' ' ' .-, tcn°o=�s a _' ' � �=s- ao'_ ' ' ' ' ' _' _"_"' _ _ Cc.^r" '_ u:_�_ _" -'_ __ "_ _ '_" "'____"_'-_`- � -_� gra." '., r° r ` ""'.c_ a..' " '.. ._"`"z'c . ,.'" ' ""__ -. . ' : _L?ti'v CC__ � :eT,-- '� `__' ' - "_"_ "'_" '" _ _ �., .-.,- . , . - aerci..ec � _... " "_ -- l�a . ciG, ' ' _-'_ _ , lot cost, basc3�'__ " ats ' "" _ ' "" .-]_ L._.'- cov=r.>r.ts 4 _ec'"'°c " -' _ ' '__'_"' ' _ ' '_" nr,e cova-_: _�.o - -- ' "' "-- ... _ _'. ' ___" '> _ '"' - ._ xeeRaa.s:L� ar -«� 2- �_o '_'a*_' _" ___' "' -" __ ..e_ ah,cy �ucc ca "-. =ate�.:__ c_'. `_' reccrdad ..c [.' "' ' cocC _c.::c' '_' "' ' ' -'_ _' �erai[.ec c•.r� i' ' _=z. _. ' '�=c� .-' ' a _ a _' _ _' st:uctcra excic=r:z� ' ...._-_��-�..n___: pnrc.._.. �:_ - - - _ ao: be 1°'" ""' >�� ' "'ec ' a _ ' '_"' , "" less :.`.�n�.,-��savzc' _-` ' ^ a cxe<'"" o' -' - - - "_-. ..� :,-. ._ . ._� _ . ��cause r.' t... 2�- "__'-- eac: c�:..:lt_ �':'__ "'"- - -- iSat �xil? r.cu_x 2 z :.�_�o_'es. " �.., •""".'_ _' , _ "` _ ff � 4• i:71=.J1��a :.�..n�TL... .�i.. ' ` :� 'i ee. � ,' : LO�:ZOI� �J :.:2 C._:_ �.)a _ . � ....,� `'.___ __ __ .. ' ' �� s.2e aa_ _ -�lc c=o.'.c '_c' u-- "_'.. ' - -„- ' - Ciiy c` �=aci :cero _. .is rea_'.. ,. - "' " . - . �i pbsse�.:e _c '�I "- _.. .. ;. ..._ ."_ a� " '•" " _,_., ,__ I Fio>_da v::�ai��"..'_ ' ' 'I $, iC2 _. ,,.. PI➢"'.. _ari:i�� s' 1� Sa ,... -_-__- �- _ ) � aL 6IIV iOL Y.n:�Il$ .. e.a... CC . � _, .-_ �_ .._ _ _ _-- _ • -' Duilain� s=_ttaci t'=e acr ar.a�i c"y�.E�'a'_" '� Le er?c-_- `. - � � onP�, ic: ?:aria 'a a:_e ef =-_s ...sz :i.u.? -._"' "' ' i r' �E _� ' . t :{ ' ::�� ' t :,� i � � � '� i � ....-a ; �.�r^ .' ' �^•�,r.-,.,;,_�_„�, r.. .�.�.-�.:.. , .. , T - " � {c;- . • .�+- . -" _ .v'_,. .-..— _ ' ' � � , , `� ` �` \ � • � � L�y-3o7 � � e ; r : ` � i i 1 � i � :j � 9 . I � } � .� .' 1 � f , ., �. . "� � a � � � ,� � � _. � � :. . _ . _.. , ... . . �,�. _.�..�,., . __......... _.. . . . :e�� --- ---_�_..�. .. _.. ;= _.._ �__�. .... --_- - - �i. �- � ' L OV '] _ __ _ . ' _ _-�.- • :1 5 'J_ - � -: � ._ ___ _. ____ _ ___ _ _ ____ . . ° 2"""- � :_' _"" _'__ _, _ _ __ -�-� -'-- _ ;_.. -_ _ � .:c: ^"2=i " . ' _'_ ' �'`'"'"" siE: •COVCP�:v •531�'Q':�1c]__ _' ......_. ._ _ ' 13. i:��$_ _.�. � __"'- = �._=Y5 � . L. �..'��. ___ d �... iC: ` w _ p^ , eee: _ a '-'-,. . _ ' ""'_ " " ' __ - - " - �-;"."' " rec""_ v"' � to .,"" ' .._..... ,.aaa;.__. ,�:'�.'__ ':."--"" - o' ' ' _ :",_' _' '_' - . ' ..t. £'u' -- c^"' c'c'_: _' " _ ..3� �'__" " -_ _ �,. " , _ - ... "'__ """ "" __""" other .' ..�_.,:s '.._icP, s:a__�.__ "' � ' Gc).,:-F.<_.. s ��''^__.__ !—_ '_. - ".^'_"" " ' �_ '_ , �ir<� ��'..- — .,�: :_� .. ___ __-- . �J �i��'.�. C: !l'�. Z Y N i � � �— � Gc�. c7 c:�_ F�__ y ' .... � .:=7 0: f'` � - ' - befo:eSis' _ J'.r_-"n¢•a��;,,� �.._ _—_" • aer_ ^ =J "'�' �....� __ ':�_ _ _ _ .:_ , --_-_' .... ' � r �-- �W �c- :r.c :a'=-.• '__ _ . ., _ - "".' .. . ,'oretoi•�� __ -.a:c ac� " "____ - ' " — '-- , f 5vs as y ' ac: �.'_ "' � " � � � , f 7' fl � �— ' - F ��"-� :-� _ ___ R ]5;`= " ' �,y, cerrtVastva.r ¢r^�....1� r ,... � :-.T_..=�._..._._ _.. �� 1 i i ' � ;i Ij , . . i. i ' I < :1' �� ;i �� i �i . i� �� li �� ' :j �� .., .. ,- vd :._ 4 .. ;... -.,r_-.... — � . _ " . ' _ ,� � . ' �:i?;1,J:. L. n; ;C:'i,�i:tL'.cG l j . ° ' ' f . � �� \�\ ;, , - o �-3a 7 �: =:s.cr:x, -. . Y�IG4LG �: RIIA� �vr 7�LV�iC7 E�'�pE'�L.S 1' ll,pS,i, ±=�3I1RQ �rOt1Cv '�nr.�n:,>ct„gi1L�;dYZ12� R'fIZP. CITY CF S:�i�V'T F:�i;i Ofice of L:ce:se. iaspec::c,zs as.c E::�ironne :[ti °r_.eczo;. Fax 5_,-_56 °i0�a_ � � � :� � s -�� _ .. _� i�.L�' ��; ,'r`��''.�°�� ` `` ��" �L'`�:.��3ii r;n c.�L"v��i �f IiE �vIlii.� :�C),Il71:1iS2:3tOi'$ uP,CiSIOit C':3.i t�iEIZ flI2 t4L'0 dw`.°,�:II� u�."I:tS ir t�:e bui?di�?g at 2I87 Bonrse Lane and or�erin� the :er�ov�l oi o�? os tne �nits_ P�i�3�E�T� �I3i2�� 2'$%' ��nnie Lane � AP�'LIC:��iI': J�:d;tY! �, �ssl:r�e ��Pti��'�E� ��a��nbe, d�.2003at3_OOp.rr�. �11 Puhlic Hea�Lg� ari ��1r �� cam 330 on iY�e t�ird fioo: of City � all, ?� W_ Kello�g S�eet. You �ay se�d wri?�cn �.3��,� ��• Zoning Admia:strat at the address listed on tY��e other sie�e of iY�is caid. Ple��e c��i An� tfiseller District 1 Com�uairy Coancil, at 6� 1-SQl-5�d5 or ?ahn L',. ,: :,.'- �.iL7 ,-a ^�G� On.�^ .�^'.,'.il: 7 G 1 '^.T - T3TG��::^.� ZC'_.S.r[.,'`fl,�l mn �;c ;f ��piY ha A a_^.�; 11G1:1YY1a.1i � �. ' e. vs -._ �� • . �LP..SIli711.�. �: l.i��.'.1�iu'i_`t�?. iVOt2Cf: I1232#��: i;�v:'J�tI. .�'.'�U.� AA-ADA-EEO ��toyer ,<� ��-�°�'�'�- f ,3 . ��',�,,,� ;�-�:�� , ____�- ,�� `tA ; r°`:, � �°,, 'f �,�'�-� C. _ � +� i L'�' j. �;.�c � A � l � f� �� r ', �,. �_. , �� `�"� � y / �� r j „� � „ ,� � �i /^� / � . � �' '' � ��"fA.L�' "� ��^ ,''a��' K.-.'��Z-/� ;I `� �. .f s. vl= , / L r' EC `. ��.r�i .J f ; � — � ( f i / � � •4v � : � / ' / t�� i,�I'�:� � � � � � � /__ ,�` %�..� ` � � � r ��- � £.� ��`-L-��, „« �r'a. � �';�,�z�L � • f�{ ,+ L •`✓' . � �� J �+f � , / � ` x ,� ,s ' �:r F s ,�.-� �C r ' , � , �"�s- t'''-, .' �a�' �C�-� ��z-''�'� `;°� �-J;_��-i� � �`,�`�%'�' �d_;z.-_y'� t� i � �� j/' jf � � � i "' fl / " J ` / f _� y � � T � / "'.—, f' / � � ' ��' � l �' r // J y y �'� �� J �y"T: `' '��'f�; � L/� � j � ��?> jr''��.-�'� a. �[, �'.- s� �'-!,'` �� °°-- - �' Y; %� ��' r �^ � �, ! � �-_-- � , t �",%` � f � �,. f - �"-'<� �`"' ,�'�'" j-- i 5 ' f / -i � r � �-� �.Y / •/ i �� b' g' ,-�j��' >>r Es � �� -�� ❑ � � y � % i= � � � � / .� y , ; � ✓�° � L i � � � / ��/ �, 3 �,J`_hL��, � , � f�� ° �y " � ,/ � L � � � �. � .. / � J L ��. �� i ��,�_� ��= l, �-f A t �. J jF �� .�-� �,�.��'�' �%''-��- ' � , c I �. f f J. y / � fd� � ��r�° F ' '' �! L i f� / Y ,. Z: "��✓ � � 3.�-< �t Y� g.- L � L I 0 �f �- � r ' - �°�. ��' � � ! � ,y�' � \ �. � � d .�! / y % � , tl " �`� :� �� r r ,�,�'' ' �1`�'� ,�'.�., �� .,. � , � � � , y', � `� J / 9 P l �_� �� j :� ' ,r {.� � �f 1 L- �Z.^" `'� = -.� �„/� � �� i i 1� � �` , , tXf-3o? �Ve:ady 1�ne - Buid�isag ?;as�ecticn J C�c�es Pa�� 1_ o: � �rom: <HcwardGit2!scn@tcjs.orc> 30; <weomaser@c.��auw.mn.us�, <;so1@ci.stpaul.mr�.us> 7ate: liJ?SJZCO3 �:16 PM Subjec#: Build"+ng inspec*icn / Coces +ne folloavinq was submir2d by Howard u M�rlys Gitelson on Tu�day, November 18, 2003 at 2:i4 PM - - - - - - — — - - - - — - - - - — - - - — — - - — — - - — - - - — - — -- - - - -- — — - - -- — - --- — ---------- --- ----- -- --- -- --- ---- -------- �l�me: I�oward & Mariys Giieiscn Regarding; Sui(ding Inspedian J Codes Address: i163 Souch Winthrop St. City: Saint P�ui State: MN Zip: 55119 Phone: (652) 501-097Q Email: HowardGitelson@ccjs.ora Ccmment: November 28, 2Q03 Ciy of Saint Paul Office of LIEP 350 Saini Pecer Street S�inEPa�l, t�7N Sb102-15?� Dear Ann M�elier, I am a r2sident of the South Highwood area_of Saint Paul, at 1163 South Winthrop Street. I have been an opponent of the "taking over" of our neighborhood by any commercial establishmens. And I oppose ihe rezoning of any houses in the area as muitiple dwellings. Our neignborhood is very unique, quiet and secluderi and the streets are, by design, very narrow and not fit for much t, afric. I oppose [he Essiirgs reque�t io cenvert any of their homes or adult residenc2s to multiple dwe+iings. There ar2 many people, somecimes with their small chi)dren, ihat walk these quite streets. If we allow r;�ore tra"m"c on the streets, there are likely to be problems. i do not wish in ary way that the sreers be widened or have trafiic controlled. The area shouid remain as ft was desianed and designated �y :he c=iy - a s�eciai singl2 ;amily, resie�entiai area, with a unique cnaracter and char�n. The Esslings have �eceived the neighborhood, tt��e Ciy, tne Courty and che State. They shauid r,oc be allowed to rutn cur specia! neighborhocd beczusz ef Lheir greed. Sinc2reiy, Mariys J. cnd `ic��rard ,S. Gitz!scn L'c3 Scu�h Wi��hrco Si, I11E:�;(.:��, iL?C:17;iti.^,tS��n.�'�7�llu�%��i;�ZtTii?5�137ZWe^.^.��i,C:C3i%��5�'.:iincS'�: � � :� <---� . ;��.; _ �..�_ :�' � ��,`.Y-1 ✓ j-=< • � � }� � � e�. � �. r L__ � � ,� I `�i; ={i�i � �-307 � it_�� _� r_ J a!_ ��_ � y �� Si. Faul Zoning Administration I have receiveC a ca.*d ir the mail abou# a neighbor trying to change one of the rzonses they own to sflmething oti�er :ha� a"single family ciwelling". (file '�`03 � 81592 / 2? $7 Bor.nie Lane) �'lease say no tc these zoning changes. They have defaced another one af the houses they own in the neignborhood by taking both �ouble garage doors ouT and replaci�� them with iwo single entry doors where the garage dcors once werz. Besides look�ng ridiculous, ,1 believe this will be next on the list to turn inta a dupiex c�r multi unit facility. Why are ti�ey do�ng this in an area that is zoned fflr single family dwellin�s and getting away with it? . Please protect the gflod people in our neiahborhood. Please say no to appeals to cnange zoning from an�hing other than sin61€ familq dweliin�s. (aiso....�,vhy are building per�zts being issued by the city to turn singie family �wellings into multi housing units in area's that aren't zoned for that?) Thank You, /'\ j � � / 1 � f �t.�✓�'v<;`�_._�' 1��"'� Dick Pfiffner 2221 Boxwoad Ave. St. Paul, Mn 55ll9 � �� ` . , • d�-3�7 ��:��_ �s, _oc� Cit� oi Saznt i�aui Office of LIEP 3�0 Saint Fe,er Stxee: SaintPaui. Ni1� �Siv2-15I0 Dea.r John Harawick. .�.��.�_ �� :� � �� r `: A _ � c�� . co,,"' �� a�r�� ::�n a:esident of the South H:ahwooc' area o= Sain*. Pani, ac :? 63 Souih Wintilxop SYreez. i have been an opnonent ot the " takina over"' oz our neighbornocd by any co�sunercial zstablis.'lments. And : c�pose the zezoning of any houses in the area as multiple dweilings. �ar neighbarkooa is ver5� uniqne, quiet �d secluded and The streeis are, by �esian, siery nar_'ow and not fiY for much traffic. I onpose the Essiin�s :eauest �a convert any of thei; homes or adult :esidences to muitinie drvellings. There arz many people, somedmes witL dleir smaii claildren, �at u=al2c these quite streets. If we allow more _rafiic on t1��e sueets, �here �e Iikely ic be problems. ��o noc wish in any way that the s�reets �e widexied or nave ��ic controiied. ?he area shoul� remair� as it was designed an� designaied by ?he ciry' — a special single fami?y, resideniial area, with ti unique character and charm. The Essli:�gs have deceitied tne neighborhood, the City, ine County and ine Siate. They sho�;id not be allawed to ruin ou: specia: neiahborhood becanse of ti;eir �reed. Sincerely, �� !,� / �� r�� f �'- �Iarivs J. an� t�oward A. Gitelson I i63 South W?r:throp St. Suint Pau:_ Nl�" 55i19-5620 (6�1j�0i-0970 r� � ,�� .% � i O�f-3a7 �._R� �+� �" � - � -: ; • . i � r_;.: :, �,� _ .=:. 3 � '. .; <� : -�- �� . , , �. , ..� � F � -�-�.',' r."vu _ _ � .� r s i� �'.. �`-. ci = � t � P y f " E f � S � _�'� _ ��T r.m . �, t � � . .%�� - . � . J 3 � ' _ "' , S..J . "� ...�_ �. � r . ..Fa° � ''�" 'vE � ; .. � �v'.J ' _ i e 5 � �.,.� - .. . . ��`.i:. ? � i 's. s+ > a �� e � � .,. •3 ° .. - '" `°��' �.. . ...'.. . � , e . � _ � u _ .. V � ��. � � I JJ `r _. r w/` �`.. t C � i t �.. v -...a �....r w ; v -. . e - _- .�' .L � dr .�'L i .r • �� .�.: t ' . " - iJ 6 f ' v � x '..J . .. ' i r .� . P � - � . ' £,� � � �., ' _ - - !�. ' . . , _ . _„�..� ��.i.. . tl'�3'r � ..vE- .ni�~v[ T� i .i�_ ' �..,� �... K . . � .�eS �.4 ,., v ' ^ \ �9'r+: �l � / i _ 5 f^ u •• �' s .. F �, . � r [ -0 �. �L ° .d... 3 . ...r . � � �,,.. � (�`/ I . V 9 �x< 'VN �u c ._'4. } _ ` 1 ✓ P l �' e' Y � - 3 A� � f", i � 5 c. � °^" �i ro ��a� i�t r _ ,i . $. � �. .P � � . . - , x.J , - � ,. . .,, ;? € t - �, —'' . �. ' ' _.x ..' i �..-',�s ... _ , r m . _ , , �� y � P - ..�n. � �n e 3 .4 . p , f ..J-r } �9' L e 3� k: � - � . .,�. . �. � �:s� .r �+.'i � d �. _ :� r �. Y • i . i .,,,, _ ,, t�a.' , -, a � �_ .._ �--�`^'.�Y.. �� . • � � l ��' `� � i �, v� � n �'o'� ?t _ , f -�G' - 4_ ... ,+� - .. . _ � ' � �_ _ _ . _ . � . . _ �'� �* , " � € � 3', t' . v N W' i . 4. y��. TY. � . ,T, �Y i � _ ¢t �... . �. f r ' t' q � �` �' ry " 4 r _ �. � P y { .3_ '�' : �..�.f . .. � m y�' �a. a� ...o' �_ f ,� ,�" y }� iT �- i �� J 1 , � � � \. �" ;_ Y:,F 'ae' S � '> � ' � � `-_ w � � a .,�. -m- � � ° , e ' , -. � v r �.. � ° �_.� -; r �,:� °_< '`_ ..�-�-- . ;��--' `�' _,:-:� . -:. ; �,. , � -£ - _ �.:� _ _ � . �� , _ - lY�f-307 ?063 Tt� ii:=;� r:1:i uLi avC i??� i, 'i:D iirCO��ORY'�D November 16, 200s 3�ard of Zoning Appeals c;e John Nardwic!c, Litt� City o{ Saint Pau1 35Q St_ Pe#er Sireet Suite 300 SainY F2ut. t�AN 55102-1510 R�: File Nc. 03-381592 Dear IUlemb�rs oT the Board of Zoning Appeais: 1F��'1�;��s m� (^'� JJ �� C° � r TP�2nk you for ihe Pubiic 1-{earing �fetice we received regarding the fwo d�,vetling uniis at 2� 87 8nnnie Lana ir: St. Paul. [ urae you to uphoid ti?e decision of the Zoning Administraiors and to rejeci the aopeai by Judith Essli�g. 1 a(so urae you Te r2ject Ms, Ess�i�g's application for a conditicnal use permit a± this proc�e:ty. It is exiremeVy urforiunate±ha� this single-family home was ever given twc foster care licer�ses by the S�afe oT Nlinnesota througn RatTSey Cou�7iy. Gi»ing o�te home two, or maybe even three, foster care Iicenses so that 1 tl er 15 peo�ie can 3ive in one home circumvents the laws that aop(y to larger residentia[ p;ograms, exploits the foster care conceot, and makes a mockery o` ihe Gity's laws pe�ainina to larger proarams and the zonmg regutations. Tt;e Zoning F.dministrators have made the right - not the easiest - bui, the right decsion in this case. I'm cettain f41s. Essling evill �Iame tne �ity of St. �aul, Rams2y County and the State oi �tinnescia tor disrupting ihe Iives cr ihese residents. If Nis. Essline h�d cperafed property ,`rom the beginning, sha wouldr't be faced with the relocation of individua(s wno hcve iived in fhis heme for se��2n years. Her business decisicns have resulted in this situat+on - tne Ciiy is not Fo �e blamad. Th�r� you again �or the opporiunity 4o comment. � � � �. o. s�n�� i �?2 Scufh Winthrop Stree*_ St Paul, MN 5b119 651-578-6771 ; ,,,�,�---- , J � • a Page i c'r 2 � ��h�: �3ar��+>>c� - ��+�a�� ar� ��eal - �s�l��gs �r�m: 'Bob ]onnson" <5oo3MJonnson@msn.tom> 30: <jenn.nardwick�ci,stpaul.mr,.us> �at2; �1/i%/Z00.'s 5:40 PM �ubjeet: Zoning Board A�peal - Esslinas ��: "Eob Johnson" <Bob3M;ohnsan@m=n.c�m> To: 7ohn Hardwick From; Robert an� Su=_an Jonr.san Subjec�: Zonirg Board Appeal - Essling Date: November 16, 2Q03 We have nct been activz in this issue oui now fee3 we must speak up prior to this hearing. i spent about an hour with che Esslings and tourad their three properties racen'tfy. Tney szem io care about che people, chey told me of some good support ;rom some neighbors, keep the properties c;ean, are doing a fine job in remadeling zhe Snowshoe property, and told me they had followed th° rules and regu(ations. The fact th�t they had 10 peopie in one home did bother me as does the ircreas2 in traffic. My initiai iheugh�s were that a s2cond lcitchen in the Sonnie ! �ne property was like having a"mother-in-law" apartment in the lower level. They szem to be providing a good service, are investing in the propertie=, and overall in their opinion are following the rules. Howrever, after receiving and reviewina the recent "Dear Neighbors" letter, I believe there is a whole dinereni story, It seems like the Esslings are and have violating the law, have deceived the aty, county, and siate, are saying one thing and �oir�g another, and are now basicaliy requesting to have our neighborhood re-zoned frotn Rl to allow multi-unit dweliings. 8y this one fact alone �n✓e c�� ra�� sas�ps�rt ttseir aa��seal. �; e secer,d kitchen must be rem�ved, the occupancy reduced from 1Q to 5 maximum, and the zoning maintained at R? only. It would be benefic;a! to determine if this business is an "Adult Foster Cara" faciiity or a"R2siden'tiai Care" facility and whicn rules and reguletio�s should be enrorczd. Additionafiy, ccn=ideration should be giv2n to fining the Essfings for past infractions and providing ior semi-annuai on-site insy�ections of the properties. VVe aoore^ate ycur suaport of the neighbcrhoea bein� zoned Rl residentiai. Please contact me if additionai comments or infcrmation is needed. Best reg�rds, BobJchnsc� o�i 738-30�1 ; � , � T . � �� • . �le;%C:�,�ec�u-nen's°io%3ar�?%LCSs�ngs\ha,�dtiv�cjli.ocz?%20Settin�s�7emp'� -3d}00 03.H... i;;1 , 2 � • _�ifc- �� -_��✓� 1 -,`_=_'____- -- -- e. _�o�.�� y - ,� � a��z _ �on�,�%�— ��_ � � �. �� G-ctiln/G- r <��Tl��?.� °'�-307 �� _�� :�_ �� .�� :�- - ��; �� - -- i - f _.. � �Scc.��po�.T _ .Gf4LC.� .� f�GGI �.�i Gt� .� �EjLld f�� ! �lL�� l"`i� T�'� % LriU . Ji lL'� LL/�c,�G— �4't � Z f�'i % 7`E -._�r-f��1.�C" f'�f�.02�-LS - - _,. fGC�T�7ziil0� dvc f/'✓�/�ff��5 O t�� DD ct /� � . �t1L - t�� -Sr? ��D/>/1re �-lYi� _s?�� /,�c-�, S% . � n; ;� ,�a x .f.��o� �re.� �,y�� Ei,�fTrT _ _.C'^N�e2� �fir 7�� _.�,�'/1Ir'C;S � f�/�/� __ lit/T�7L'�dtt�`.i G�i= �'L'1/f �.K��lr �f --�i2 �J'�i�5 Cr✓�!�/Urc ��/� , l�lrr�� ; �� rz �j G�✓'��! i�/C =s �.�C�-�, /c'�k� S , �%� .�/�-5� �r�' �/� �E7/L _�Y� OR� �iG'� �G!(S� u�e� �- P-�i� 5.9Le 5if>>l.' �nJ /% . ��12�i� ,�1c1 LE: I�,, L�fJi tz / t� tfD dviG �1�,�G � ��C�'ZlSE � .��s z�� oiz s�r�� r'�,<'rr�,Ly��v� � tt�C� %Z� y`�F�/SG" o �h'�i�lf i2' ,77rl5 ��76lf��GU� ,��CirlCS� o� T/fE� Co�cft/�� .p��a��,5-� ��6ti�EZa �-�-- . �i/L'i-:�t; %�E',eC tiio /.� i4r�� %%`� ` w , �!��7� �� :E��Cc� lYyo's -��`-��/�- t��lhf7c �� n7 TtE ��r1s - ��cf% %1F�ir� ��i�«= � f�lt�c.;: �irt�- ��s �r/�D ��v��'r�t.i� - �u� F/� /�plc�� /`ff15 I�t�ti.i% . � � � �15 �� t-�/� ��€i7 = `�-.� � ,�_ �L� Gi�� ;�!J _��r� �� 1/'. _, t�l Tlf��> r�fE ?��"��i�', :%��'� T1r� ; ; �c �� %i�� j o �-r�r� � �c��r�nr� ! !' , �'�''%� �f�' �t . �� ,�h7 .'�/GI �` �;'/� ; � �,c c'�'�— , �� ° . � r ,�_ %� !'; L; i :�r%'�'rf S%. � �� ;'� �; % �,� 1; ;�- �v� � l�r.i� � �� R. � � �; �^�, � 7: � J �/-3� y ?�� 3� 3�� =�"°� �� ;�� 7 ��;� �'e�� : I � > � ;� � � , � � -�b � � " � / �` , �� h � �'-2� � � � 1176 �/ \ � \ .-. � � J � � � 5 S �z � �� y�� v� � � , cs� _ .J 4"='i �� ' �� I / �� &?d � S��Y`�� :.� \ I qi / - � �� i� i � �; �� ; i , � �; � �� : � , I � � !i ;, ��./ � .� .� � � � �—� � `� �� = �,� E' ; � �"� ; , -, ' ,-. , � 1 =--'` ,` � � ;�, ; oy-3o� ;. 2. 3. a �. 6. , S. J. i J. ii 12. , .+ � -. ? c. i". SUNRn.Y-BATTiEC.REEK-HIGH W OCD iT.AZEL rARI� Ht�.DEN-PROSPE?ZT"TY HFLLCREST IYEST SIDE - 'JAYTON'S $LUFF PAl`hT�-PtiAi.Ei� NORTH END THONtAS-LALE S J?,� A �?T-UNI YE RS I?'Y l=��Sr SEVENi`�? CO�r:� HAiviL1N�-Mi��3'�Y ST. A��°I"�ON`Y P.�FcK MERP. AM PAt�' •LEXiNGTON'riAM�iNE-S\rLL iYT-�iL.A! EST�:2 GROVFiP,1ti�J r HIvHLfiND r `} % ��`�. SU�iMiT rIL:_ % '�� • �O';^!� � OiY?+ , � � ��`d�zk�= �i§a,ia � '� , i crrrz�� =�x��crP��:or� ��^��v7;vG Drsrurc7s Page 1 of 2 �51-30� n LJ i � Kathy Lantry - Fw: City Councii Meeting in 7anuary - Essiings From: "BOb Johnson" <Bob3MJohnson@msn.com> To: "kathy lantry" <kathy.lantry@ci.stpaul.mn.us> Date: 12/18/2003 1:16 PM Subject: Fw: City Councii Meeting in ]anuary - Esslings ---- Original Message — From: Bob Johnson To: kathy landry_@ci.stpaul.mn.us Cc: john.hardwickC�a.ci stpaui_mn.us Senf: Monday, December 15, 2003 1:54 PM Subject: Fw: City Councii Meeting in January - Esslings Hi Kathy, I understand there will be another hearing on this subject for the City Council in January. I will be out of town but wanted to be sure you had my input. 1 believe I stated our position in this e- mail. The Esslings lack of compliance and outright disregard for the reguletions should be addressed immediately. And of course the neighborhood must continue to remain zoned as Rl residential homes. BobJohnson --- Original Message -- Prom: B ob Johnson To: john.hardwickCa?ci.stpeui.mn.us Cc• Bob Johnson Sent: Monday, Novembef 17, 2003 539 PM Subject: Zoning Board Appeal - Esslings To: John Hardwick From: Robert and Susan ]ohnson Subject: Zoning Board Appeal - Essling Date: November 16, 2003 We have not been active in this issue but now feel we must speak up prior to this hearing. I spent about an hour with the Esslings and toured theis thsee properties recentty. They seem to tare about the people, they toid me of some good support from some neighbors, keep the properties ciean, are doing a fine job in remodeling the Snowshoe property, and told me they had foilowed the rules and regulations. The fact that they had 10 people in one home did bother me as does the increase in tratfic. My initial thoughts were that a second kitchen in the Bonnie Lane property was like having a"motherin-law" apartment i� the lower Ievel. They seem to i�e providing a good service, are investing in the properties, and averall in their opinion are foliowing the rules. However, after receiving and reviewing the recent "Dear Neighbors" letter, I believe there is a file://C:\Documents%20and%20Settings\lantry�I,ocal%20Settings\Temp\GW}00021.HTM 12/18/2003 o �--307 Page 2 of 2 whole different story. It seems like the Esslings are and have violating the law, have deceived • the city, county, and state, are saying one thing and doing another, and are now basically requesting to have our neighborhood re-zoned from RS to allow multi-unit dwellings. By this one fact alone we can not support their appeal. The second kitchen must be removed, the occupancy reduced from 10 to S maximum, and the zoning maintained aY RS only. It would be beneficia! to determine if this business is an "Adult Foster Care" facility or a"Residential Care" facility and which rules and regulations shauld be enforced. Additionally, consideration shouid be given to fining the Esslings for past infracYions and providing for semi-annual on-site inspections of the properties. We appreciate your support of the neighborhood being zoned Rl residential. Please contact me if additional comments or information is needed. Best regards, BobJohnson 651 738-3651 1191 Winthrop St. 5. St. Paul, MN 55119 . \J file://C:lDocuments%2Qand%20Settings�tanhy�I,ocal%20SettingsiTemp\GW}00021.HTM 12/18l2003 ,`I� �e3-4;�v`a Oy-3r�7 �� e �tb f�au�✓e L CC4.�� fec �Q �-- !�►4� C. ) / - I} Z1> N t N�S_ {� D a rlk__-' � — ----------------------� - 1.JO.,r,, i A �T -� - --- -• Y �Cl i�]t� � �-i i� _ ��i��i�i __ J nL �Ci �e., r�-�- .e—�. �n. �-1 1_ , � " �� _ i � �F of o-...� ( E ' ``- { � . {�.1___�� b �.__ �_�..."�__'_ 's1�'f,.� 1�� ___' _' —.__ � �_��___��"__—' �_`_'_ _ _ _!� __�°-`` -�----�i��.---�c---(,.�.se��_ �,�..�_--�- ---- ---�- a � - �----- �!,�l _- �ik �a —'� _ -- --. � �i t � - (� ��--_ _ _}. _ _ __----- - -- — ,. ?-��r?t - - '--- `�``'��----�� --�t� �� _- � - - � - -- ---- /U� - ---�.�,�---r'�-'�`-�-----.��.r�R.�--!� ' '� ,�- � ��? _ _ - - ---- � �NeS _ � f1.N L`X�.,.�.� �,�,�`�'�,.. « �--�°�- -S. -/ -- -- ----- �-��. -- -- --- - - - -�`�. �€�a� C — rl� , � t� cs� � -- � -� ---- -- ---- �� . - �' ----- � � �?----- c.tea r_ `==--��``-�-- ��'-'>..--'� � --- __�°__,— - ��--- --- — ----,< . - �'=.__ S_ _._ �.�.� �. �.?�.�_`-_ _�{ _ dJ�_ l�-��,� � �_ --- - �`_ �. - `� ---- -- � - k -- -- ' �"� -'' n � ` _ __�_ �� ___ ) � _ . �_ _,.�-._ t__ _ __ _t t� _ �_ � � �,ie f � 4 U --- --��-_ ��''� __ C.�..< � -- -��_ _..__ � - ------ -- -�E �� ., - --- _--- - -- ---- �� --�-�` y�- -�SS -- . . _1,�� --� -�°-�-� -t--- --�...��_�_�_�___��°�� S-� 'G`�'�- �—�a�p��---�o�� _ �t,_S__ts�c�e_ 4. �rJ i��.--- p/ {� /} --�.-_�-�---- — 'F"(� C.tst'Ce� � i SS oeY1 rl�I d ic'S[?n.r --- �S� �_tNG-S _ ____. . ._-- — -_ . -- �� ---=-rh) —� - -�f �� a �' � �� _ � �l!�l�?� `� _� ;; r �}__.6.5.�_.._1.N_�Q- "�- ;' �l�f � ��_ �? �,2fSC��_�.�..._ a�Dr fz , _. _ ._ i t �C ��. � ; �- � �� , gE P � �� sz� �' -. -- - - - _---- ---=-- - -- - - ----- -- -- _ - . � , . . ,� ��_ _ 5�,� - ��- � -�- - -- r�--_i��a��— -- - � �.�,,� ° _ � � �n� � -- --- - - - ''� l�Q��-�.-_. _ 1_"?"^�-�...---. _.. .._ .�� d�-3o7 _. :; ;� �� ;, ;� � �: ; � J V/ r . - C •Y• Z_• �551�r 6�S `� �t�a-3 �n.� O�sr N� ��o� . � -�;.�-� _ � _�� _ 1� _ t,.� � -I� �' �.t(�e � . SE�._ �a��st c �_ -- ,� m'`e_ . � `f .�-es , . . Y �►.�Q � -Q- - -�.� c�� _ L��.s �.� ► s �f� � �°�- - ��s ti� �`� 1 � E 4 S �!`ie..` 1"�l.�_ !�'�� f� S�� _ �� f3�s#� �oN;t�q j�-t:�t�elNi1'��'a: �GE S� 9 �S`�°�.. ��✓�..,47� � _. ` (5�a t° �-:c'� _ _ �t3 ��_. .� s�!✓� -�"�S�*: . :•� f�t,.}-G ��.Af� GY't5,_ ..- l.in.-2X_ ( � � �.ld.<t� � �� .t�.��,�� ; c.�� Lc �� C.�,�.. d��° — `f�g� �- ca-�._. �- '�.a�C ��1 � o� o�r 1^�-�.� o`��* �- ��,,� Z.o NL.� .�'t °�'�• - pi-�- 1,,� c�- � s� � �� : �. :� , �� ( 2.0� �i t� )!� �� „� ss�� I , � • o� 307 3 �.� � � - -�= �"�-:; ; % �� c � � I)ece�ber ? 7, 2G03 ' � �� Zaning ��minsstra�on Cit �i St. Paul t3�ce oi LIEP 350 Si. Fe�er Street — Suiie 3fl0 Saar.t Paul, l�i � 55102-151fl Reference File NC'i.: �03-41�45d�, �'ssling Appeal. �7e are Ruriting tc� yo�a in order t� state o�a€ positimn on the �ssling I-�p�eal af Yhe �ecisi�n +sf #��e �c�ard �f Zca�i�z� t�ppeals. We built our home at 2 i 55 �oa^�vood Avenue in 1977. f3ur pr€�perty �s directly across the street from �e back �f the �ssli�g praperty at 21 �7 Bc��,nie �ane. �ur �?eigttbor�aood �s zoned for s�tagle-far�r,�ly dw��s only. '�'l�as �s �ne c�f ihe pr�nary r�ass�n� w�ay �ae bu�1t our home i� t�ass l�s�ati�n � ovei 25 years ago. �'l�� ssl�g k�a�ae �t 2i87 B��e �.ane curr�a�tiy ��rri�s �a� ad�alt fcast�r �are �ice�ses gr�t�d fro� the � I3e�ari�ent c�f I-��amax� Senrices. �y requirenaea�± �2d ciefu�?tio� �f t.�e �epartr�ae�at of �aaman Services, each 1��:.nse cc�v�rs �rse �vae�ling unit. S°s�ce tne Essl'a�gs hav� two l��enses f�r 21 �7 I�a�s�i� �.a��, it is �onsidered b�• the St�te as twa dw�'Ld�ng �ts, As �is ?s a darect vi�lai�csn af t�ae zc�� re�ations i�r au�° n�ig�ibcsr�QOC�, �e ask the �it-y �c�u�a�i �� dea�y ti�e ��I�� e�l �aa #�as �aa4#e�°, T'he z�nirsg regulations are quit� clear �a?d �e �'ss]a�zg's �ranerty at 2? $7 �3o�e Lane c�ant?a��;es ta b� 3n direct vialatior� 9f tho�e rega�latians. IZzsp�e#fu31y submitted, � � s � �'� 1 _ ,� �,.�`'�,.�.`-�_;, T� & Ilfary Pef�°ea � 2155 �csxwos�d t�,v�, E. � St. �aul, i1�T 55119 55i-73�-�254 o�f-3o7 <_��;. ;v�w = � - ;'�/ Uc � � St. Paul Zoning Adminish I am writin� in response to the card sent to me of yet "another" appeal by the Essling business. (file # 03-410460) I am very upset that these people do not respect the Iaws and the decisions made to uphold them, so I am going to try and keep this short. �l .....Please review the file on this property. (2187 Bonnie Lane) You will see LIES, DECEIT, and FRAUD. Don't be fooled by the "poor me" act. As I said......review the file. She is very deliberate in her undermining of the neighborhood, the city, and the State. The Zoning Board has made the riaht decision in oxdering the Essling business to convert this property back into a single famiiy dwelling. Hopefully this time she will have to remove the kitchen to insure that a • repeat of the early 1990's does not accur again. It would be nice to once and for all put this _behind us. The city of St. Paul has many areas zoned for duplexes, multi family dwellings, eta I hope the Esslings will at last see the black and white of this issue. Their duplex business does not belong in an area zoned for single family dwellings. Thank You for al� your efforts, and please stand by us once again. �'; r ' - ,' " � \ �i �� - > � i _ � r ; ' _ `:�iY' Z i�° '�-�',-„�`�'..\'` .' �i".w'"%' . • 5 � I 1 v Dick Ffiffner 2221 Boxwood Ave. St. Paul, Mn 55119 12/16/03 u � .�GG /l1��' �'� fz>/'�- �� l�3 - �/10�6u �CSS�i/�� "� `/Ll> -3a7 %-�' -�7-0� : �. �%� �trv>�'�Y �� t� �i �cc�e��t�t��5� - - y �� n1 � t?s �''�i�7� �r� � r�� '�,� �� ,�� , �� Dll/'L C1/'�I.�'�/1'�}� .�u-L/�11�� .4T :��7 �a�'/t�iP �s�E�s,. /.�� C��t��v� �' s � ��T ��' ��v��- L.��, � � l ��` �� L�' �?��i'��1 . ��AJe � �t� �h�' "�isSfi�'iG,�"iK'� �t� ' �/D �� 1�L5�%!G- �'�r.�,�i ��"79--c�T?�� .��f' �j��`'eVoil�� `�p f�1lQ �� /�ll j� ��1 �/G� 7�f� ��Cc.�ii.�L) � a7`�ll�l� �"� � l %�7�'. �✓�7�z� la�<lf ,-� c�c�l!'�.� ��:�5 ; , � �, � �1�i4�'C" � �t� f � '�� f�if�� C�'� �f� ��S � �,�� f f� J��%�h l�J' � y �,'G'�✓� %,� �L��'L� � �//U�i/�� J"��1?°I! � ��`�li�i/CV C'� � �� A �/,��/t� ��12^r �� L�i��-- �� '��ILt� Gi e��l/�� i��;� _ / � J D,�i y�r�� k'iru�J r�� c-�� 'f> !�/{je��L`� �'��'/� tfGU�' �l"fS%/"1.c� aS��L.U�%��- � 4 t.�.� 2��n�C� Z-� �, � �� ` �� ISC - �,�2�7t�i2�l� ,. �� f ��,�� i � �r�,� 4 /t��76�r`i�I,� i�� 1s 7�� Zt'�� %��a�/ � � �� i ��f��.b�' �(�T �C.�� i�i�1 � 1�cz�t� ��'��7z'c:l�� ) �,� �TG'�1 'r � �ir1z /�i19� �� . ��, �� '�/�� /dc>� f'�i,�i� s%, (;��:,:�s��.� s:�� 1�`�� Page 1 of i � � _ � = O�-3o� �:, ; J : • � LI John Hardwick - judith essiing appeal �'rom: "Peter Joseph" <petejoseph@hotmail.com> To: <John.Hazdwick@ci,stpaul.mn.us> , Date: 12/30/2003 12:14 PM Subject: judith essling appeal John, I'm writing to express my support for the zoning decision made 2187 Bonnie Ln back in Nov I beleive. We do not want more than one licence issued to this home or any other in our neighborhood. Living directly next doar to the new home on Snowshoe lane that the Essling's own that was converted to a nursing home, I have already seen my share of dramaticly increased traffic, noise levels, trucks, vans and cars parking in front of my driveway and using my drive as the local turn around spot. Adding another licence to Bonnie Lane opens the door to another licence at all her other homes, thus increasing even more traffic, noise and a host of other issues. I ask that you and your colleuges please stand firm on this issue in not allowing anymore licence's. If possible to even remove some that have been already issued, particulairy on Snoeshoe. Thank you for you attention to this matter Pete J: Take advanta�e of our limited-time introductorv offer for dial-up Internet access. fi1e:!(C:\Documents%20and%20Seitings�hardwicj\Local%20Settings\Temp\GW }00002.H... 1213012003 December 31, 2003 Mr. John Hazdwick City of St. Paul Office of LIEP G�=-�-��D 350 St. Peter Street - Suite 300 St. Paul, MN 55102-I510 Reference File NO: #03-410460, Essling Appeal I am wrifing to state my posirion on the Essling Appeal of the decision of the Boazd of Zoning Appeals. I have lived at 2155 Boxwood Avenue for over 25 years. Our property is direcdy across the street from the back of the Essling property at 21&7 Bonnie Lane. It is my position that our neighborhood should remain the way it is currently zoned: Large 1'ot, single-family residential. The Essling's currently have two adult foster care licenses for 218'7 Bonnie Lane. By requirement and definition of the Deparhnent of Human Services, each license covers one dwelling unit and up to five adult foster care residents. Thus, the Essling's have two dwelling units at 2187 Bonnie Lane. I respectfully ask the City Council to deny the Essling's appeal on this malten It is cleaz that the Essling's property at 2187 Bonnie Lane is in direct violation of the above stated regularions. Thank you for your rime. Si�eerely, Aimee K. Petra 2155 Boxwood Ave. E. St. Paul, MN 55119 651-738-8254 � 0�-��3C� To: All members of the St Paul City Council From: Heather Weyker and Mike Sanders 2189 Boxwood Avenue St Paul, MN 55119 RE: The Essling appeal letter, set for hearing on Jan. 7` 2004. January 02, 2004 This is in regards to the Essling's appeal to City Council in regards to the Zoning Boards decision. "Residence" is defined by Minnesota Riles, Parts 9555.5105 — 9555.6265, as a single dwelling unit in which foster care is provided with complete, independent living facilities for one or more persons. As defined in section 405 of the Minnesota Stated Building Code (MSBC). St Paul Legislative Code (SPLC) defines the terms "Dwelling Unit" as "a maximum of four unrelated individuals living together in a dwelling unit. Within the dwelling unit, each individual may have separate sleeping rooms but they must share the kitchen and remaining living space." On Sept 29, 1992, 2187 Bonnie Lane was inspected and found in violation of 60.407 and 60.412 SPLC. You were ordered at that time to remove the second kitchen and a door sepazating the two units. Upon re-inspection on 01-04-93, the door was removed but the second kitchen wasn't. At that time, the Essling's informed the Zoning Board that they would remove the second kitchen prior to it being occupied. This is the Essling's first attempt to skirt around the laws of the City, County and State. Back in 1992, 2187 Bonnie Lane was and still is in a Rl — single family zoning azea only. Not a multi-unit dwelling. This area is also not a COMMERCIALLY zoned azea. On page 2 of the Essling's appeal letter, 5` paragraph, the Essling's stated the house is still a single family residence and not a duplex. Please note the following: Minnesota Riles, Chapter 9555 (Rule 203) Subp. 3- Adult Foster Care — means the provision of food, lodging, protection, supervision, a��d household services to functionally impaired adult in a residence and may also include the provision of personal care, household and living skills assistance or training, medication assistance under part 9555.6225, subp 8, and assistance safeguazding cash resources under. Subp. 5 Adult Foster Home — means a"residence" operated by an operator who, for financiaf �-307 gain or otherwise, provides 24 hour foster caze to no more than four (4) functionaliy impaired residence. Subp, 14. Functionally Impaired — means a person who has: A. SubsYantial difficulty carrying out one or more of the essential major activities of daily Iiving, such as caring for oneself, perforxning manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working; or B. A disorder of though to mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. Subp. 31. Residence — means the single dwelling unit in which foster caze is provided with complete, independent living facilities for one or more persons. As defined in section 405 of the MSBC, the residence has permanent provision s for living, sleeping, cooking, eating, and sanitation. Subp. 38. Variance —means, written permission by the commissioner for an applicant or operator to depart far the provisions of parts 9555.6105 to 9555.6265 if equivalent alternative measures aze provided. *** Please note they have never applied for a special use variance prior to 2003. Part of the Essiing's application process to the State of Minnesota Foster Care licensing was to document any vaziances needed to operate their commercial business (9555.5515, Subp J) 9555.5605 Assessment— Subp. 3., section E- Placement standards — states that a person shaIl be appropriate for aduIt foster home placement of the person does not require continuous medical care or treaTment in a facility licensed for acute care under chapter 4640. *** What this states is that the State of Minnesota Human Services licensed the Essling's commercial businesses wrongly. The Essling's commercial businesses azen't "Adult Foster Care' ; they are "Residential Care Facilities." 9555.6115 — section C- License Application process — Separate licenses are required far residences located at separate addresses, even if the residences aze to be operated by the same operator. *** The Essling's have 2licenses for 2187 Bonnie Lane and �cill attempt to get a second license for 2180 Snowshoe Ln. At 2187 Bonnie Lane, the Essling's don't have 2 addresses and they aze staring they aren't a dupiex or multi unit dwelling. But, in order for tiiem to obtain the second license, they had to tell the State of Minnesota that they are a multi unit dwelling, thus meaning they have 2 kitchens, and two completely separate living quarters to obtain an extra 5 people to live inside this "single family residence". O�-3aJ 9555.6125, subp 7. — Period of licensure; nontransfer — means a license shall be issued by the commissioner for up to one yeaz when the applicant complies with parts 9555.6105 to 9555.6265. A license is not transferable to another operator or residence. 9555.6165 — Subp i& 2— Licensed capacity and capacity of roomers and residents — means a maximutn of four residents may live in the adult foster home at one time. The total number of roomers and residents in the adult foster home at one time shall not exceed four (4). 9555.6205.— Subp 1. — Residential Occupancy — the residence must meet the definition of a"Dwelling Unit." In a residential occupancy. Subp. 2. — Living room access — means each resident must have use of and free access to the living room. Subp. 3. — Dining area — means each residence shall have a dining area fumished for group eating that is simultaneously accessible to resident and household members. *** The above laws restate that the Essling's are going around State laws to benefit their pocket book by having a"single family residence" but having two (2) licenses to operate an illegal adult foster care facility that should be a residential care facility. The Essling's have two living rooms, two kitchens, and multiple bedrooms for the purpose of fulfilling the Adult Foster Care license requirements. The Essling's fraudulently have 2187 Bonnie Lane listed as a single family dwelling. Although, with the State of Minnesota they are double-licensed and considered a duplex to obtain the double license for one dwelling. In the State of Minnesota Human Services Licensing section 245 A.11, Subp 2— Permitted Single-faniily residential use - states a residential program with a licensed capacity of six or fewer person shall be considered a permitted single family residential use of property for the purposes of zoning and other land use regulations... Subp 2a. Adult Foster care license capacity — An adult foster care license holder may have a maximum of five (5) if all persons in care are age 55 or over and do not have a serious and persistent mental illness or a developmental disability. Subp 3. — Permitted multifamity residential use — states unless otherwise provided in any toun, municipal, or county zoning regulation, a licensed residential program with a licensed capacity of seven to 16 person shall be considered a permitted multifamil} residential use of property for the purposes of zoning and other land use regulations. A town, municipal, or county zoning authority may require a conditional use or special use permit to assure proper maintenance and operation of a residential program.... 5ubp 4— Location of Residential programs — states in determining whether to grant a license, the commissioner shall specifically consider the population, size, land use plan, availability of by-3o7 community services, and the number and size of e�sting licensed residential programs in the - town, municipality, or county in which the applicant seeks to operate a residential program. The commissioner shall not grant an initial license to any residential program if the residential pmgram will be wi#hin 1320 feet of an existing residential progrun, unless a conditionai use or special use pernut was granted by zoning (which zoning didn't approve, nor will they due to zomng and neighborhood rejection), or the program is a foster caze. �`*�This is how the Essling's aze doing the commercial businesses that they aze doing, at 2187, Z 188 Bonnie Lane, and 2180 Snowshoe Lane. They have obtained an adult foster care ticense instead of a"Residential Caze Facility" license which would regulate them to 1320 feet apart in distance. Now, because the State(County has made a mistake and gave the Essling's 4 adult foster care license, when indeed she is running a mini-nursing home, we are stuck with fighting for laws that are clear and the Essling's continue to fight for financial gain. **�The type of residents/patients living at 2187/2188 Bonnie Lane, and 2180 Snowshoe, aze all elderly (which is fine) but tfiey are atI 24 hour nursing caze for bed ridden patients, patients who are do not high needs, and patients who don't meet the requirements for "Adult Foster Caze° license because they are not functionally impaired as stated above. 2. The Zoning Boazds finding of fact is completely relevant. Yes, having an adult foster care license is permittec3 in an Rl zoning district. But, part of the reason they have the second kitchen is to be licensed with two adult foster care licenses, and they are using the second kitchen to obtain the second license. ***The Essling's are not permitted to change zoning laws to enhance financial gain. The Essling's aze a commercial business; they own 4 houses less than a quarter of a mile apart. 3 of the Essling's houses are used as commercial businesses for profit. The law states cleazly that changing zoning laws for profiUcapitoI gains is not permitted. 3. There is not vioIation of the Fair Housing Amendment Act. ***The Zoning Board has not discriminated against people with disabilities. They followed the zoning laws set forth by the City of St Paul. The Essling's were ordered by the State of Minnesota to follow all zoning laws. The following is part of a letter sent to the Essling's regarding 2187 Bonnie Lane, iicense #'s — 231551 and 809005, on October 16, 2003: VIOLATION: It has come to the Departments attention that two pro�ams Iicense # 23I551 and license # 809005, each with a licensed capacity of five are operating out of a single family home at 2187 Bonnie Lane, St Paul. Two licenses were issued to this setting based on the commissioners understanding that the setting was a dupler, but it is not a duplex (this false in£ormation was provided to them by the Essling's). This is not allowed under the permitted special conditions for residential use section in the Human Services Licensing Ace, Minnesota Statutes, section 245A.11. During a visit to this site on September 19, 2003, the City of St Paul Zoning DepartmenY confirmed that 10 residents are residing at the above address and that the building is located in a single family residential zoning district. It was confirmed that five residents Iive on the upper two leveis of the home. St Paul Zoning has determined that while two dwelling units exist a t this �� address, the home located in a district that does not permit muhiple unit dwelling units within the same building. The City of St Paui has given you six months to comply with all zoning regulations that apply to this address. Because you have violated the restrictions connected to your residential zoning location by operating two programs out of a single family home, your license to provide adult foster caze is placed on conditional status for a period of six months. *** There is no violation of the FHAA, people can still live at 2187 Bonnie Lane and 2180 Snowshoe Ln, but only 5 people aze allowe@ in each house. Therefore, they aze being regulated. And again, they can't request alter of zoning requirements for financial gain. The Essling's quote a court case "Citizens for a balanced City v. Plymouth Congregational Church." In this neighborhood, it is zoned for multi unit dwellings. This case doesn't appiy to the case against the Essiing's. Also the state has also told the Essling's that they are in violation and to de-convert the house for only 5 people. • On pg 5 of the Essling's appeal letter, second pazagraph, states — The necessity for a second kitchen that is easily accessible to the frail elderly residents at 2187 Bonnie Lane is a reasonable accommodation that the City may not circumvent with its zoning policy. The presence of one kitchen on each floor of the Essling home, to serve the needs of the senior citizens living there, does not impose significant administrative or financial burdens on the City, nor does it fundamentally alter the City's zoning scheme — especially considering that the property ay 2187 Bonnie Lane has existed with its current improvements and residents for many years already. The home has not changed; the zoning has not changed, nor is the Essling's requesting a zoning change. �** In this paragraph, the Essling's admitted to knowledge of wrong doing according to the laws provided. In 1992J1993, when a re-inspection was done, the basement was vacant and no one was living there. The Essling's stated they would comply to get rid of the second kitchen if things changed. They never did. *** To state that no significant burdens would be placed on the City is false. If the Essling's are going to be allowed to purchase multiple homes in less than a quarter of a mile and operate commercial mini-nursing homes as Adult Foster Care and obtain commercial businesses funds, then the citizens in the Highwood Hills neighborhood would like a complete rezoning to state that it is a commercial business area, our property taxes to reassessed and dropped and then invite other people to do the same thing that the Essling's are doing. The only "scheme" at hand is the one the Essling's are attempting to pull off now. No one is stating the Essling's can't have their commercial adult foster caze businesses in the neighborhood, the State and City have already stated they are just regulating them. 4. The City is reasonably accommodating the disabled elderly residents living at 2187 Bonnie Lane. They are allowing 5 people to live in one house, no more than 5. The State has deemed that 4 �-3a7 reasonable. CONCLUSION If a11 the Essling's are arguing about is a second kitchen, let them keep the second kitchen but regulate them as a single faznily dwelling, give them only one license to operate, and correctly Iicense them as a"Residential Caze Faeility". The City of St Paul Zoning $oazd did not violate any laws. They are reasonable in theu findings and they should be upheld. The Essling's stated they aren't asldng for a zoning variance, which means the letter from the State of Minnesota ordering them to remove 5 people and that they are canceling one of their licenses will still be upheld. As a neighborhood, this is not a personal matter. The Essling's run a reputable business and take good care of their patients/residents. We want the Essling's regulated so that they or other people can't continue to purchase single family homes, convert them Yo a commercial business and continue to deface the neighborhood of value, traffic, and personal well being. We live in this neighborhood because it is RI — not zoned for commercial businesses, traffic and whatever else comes with living in a commercially zoned azea. We want to preserve the neighborhood and make sure that regulations aze being upheid. We hope the City Council will uphold the Zoning Administrations decision. Tired of slow do�vnloads� Compare online deals from vour local high-s�ed providers now bl/0b/2004 16:09 6517307523 LEO HORBACH �{�307 �'"`^- �` , �-� o `� '_� '. 'K ��,r, .e--� �r�l� R� : � .�.a� fl. PA6E 01 �a� � �� 11�. �� . �.. C�.',�` e..�1 A 1�-v-��. 'y.'`� p°� � o�_e.c�°,��„�� --� �. �, . �� 3� a�� °- �. a � � 'l � � �.. a�,.� _ �s�v.� iA -�:�. � �� ,,�. - ,�,,� a �.�,,�. - �-R- �,�._.�� .��.,�-.�.�,� � �,� � °� � ��- �'�-�-�-�� . �-�-6 1.�-c--� 2 ,�.-�,,,..4s� a ( 1,�1 a�,A. �..�.� k,�u,) R.�•, � t o 5 vt..nv ,,C�„��-.� __.. �-�� _ .�� ' �, � �--9-- �`�.`a" � �.�� z Y 1 -`^�"`^a— � _ ,,,,�,- � �.�,�- �� .�,.. —� `P-� � �-�--�, -- " �:e� �—� � �� . -,�.��-e.e- �-'..�-� �,� �-,� � � a.� � �2 g �,�„�, . e �'1 � -�� `� � �sz �S. .tia.-a�,.,_sL i�.r�a i � ��^-� � - A�--�� 1-�v�e.�a.o.�� . �'1 a S s °� 'Ce1,�--e— P�-�..e.�. c�-ri.x� �� .�..�.�,,,.+ rv,,� ,,.� � ---� S-i..��-� ls.,�..`�.:.Q �-P� w-o�9� `�-s�. 01/06/2004 16:09 04-307 6517307523 , � . . .. LEO HORBACH u�u� �� -- �. � t � a-R�e� p.� �S � �� ,.,... a..� -� a s� �_ � s �.., �,.a.,� ,�,,a ��. � �, � �Q.n., �9..c..m m�, �`�' �P�-�4,� . N`+Z." �"` �R,�.'�- °.� c.��.�. � �,�.,,�.,� l�-ri.�. �.�-, � �„A_ �. 1-,.� �, �.,,,,� � �-�e ��.�F" �' rn�.,�� .�2 d-�,-- c� �s �.�., �t�t-�. ..Qa-�.r : t� � • . ��-� � �ct��mn�� I�en. b�.�,c�.� , ��-�,- --�-�-�-A- w hs�' c�.u-� '�o a t`t � 5�� , ��.a-� &.o Y�.� c.Qua-�,.�� `�2-sr 7 t�, a � �. � �_ � �b �J�, 1� 5� s a . �.J,.;,�,� S . by-'�7 �� David and Cathy Pavlak 2184 Bonnie Lane St. Paul, D�IN 55119 651-738-1181 January 2, 2003 REC�11�Ep Dear Councii Member Lantry JAN 0 6 2003 COUNCILMEMBER We are writing in support of 7udy Essling's appeal of the zoning ruling ag��tFh��LANTRY property at 2187 Bonnie Lane. Cathy and I live at 2184 Bonnie Lane which is directly between Judy Esslin�'s homes at 2187/21$8 Bonnie i.ane. We have.lived here sincP 1992. The issue before the council is whether or not the home contains a second dwelling unit. We have been guests in 2187 Bonnie Lane numerous times through the years and have been through the entire house. At no time have we ever construed the structure to be anything other than a large, single family home. The downstairs portion of the home is open to the rest of the house allowing the residents freedom of movement throughout the entire house. We also attended the zoning appeals hearin� where the status of the home was discussed. It is our understanding that this issue was addressed in 1992 and its current confiauration was approved by a housing inspector at that time. There were also discussions about �vhether a kitchen area ln the basement would make this home a duplex or multiple dwelling unit. The zoning representative indicated that permits are routinely granted for second kitchen areas in homes to accommodate the residents lifestyles. Based on the ensuing discussion, it appeared that the board members made their decision without having visited the home. The discussions included statements about whether the home "felt like a duplex". It is apparent that this decision was made subjectively, and without a standard that can be equally applied throuehout the city. Cathy and I are both St. Paul police officers. Cathy is a 20 year veteran, and I have been with the department for 15 years. Cathy has lived in St. Paul for the last 21 years and I have been a life-long resident. From our perspective as police officers and city residents, as �veli as our unique position as immediate neighbors to both homes for over a decade, we feel strongly that the Esslings should be a]lowed to continue their role in the community unimpeded b}� any changes in their zoning or licensing. In our profession, Cathy and I see every neighborhood in the city. We ha� e first hand experience with and knowled�e of housing conditions throu�hout the city, both in the commercial and residential arenas. We have seen other homes that are subdivided, over populated and in disrepair. We have witnessed residents whose housing conditions and lifestyles have seriously affected a neighborhoods quality of life None of these conditions are present at the Essling's homes. To the contrary, the homes are scrupulously maintained and the Esslings are the best neighbors that Cathy and I have ever had. Although the issue at hand is very narrow, it is bein� vigorously pursued by a handful of neighbors, most of whom live 1-2 blocks away. It appears that they are attempting to block the use of another of Judy Essting's homes for elderly residential care. It is disingenuous to attack this home, its residents, her employees and our neighbor for these purposes. O'�-3D7 To our knowledge, there has never been a problem between any of our neighbors and the Esslings. On1y recentty has this technicality been raised. Those behind this complaint have gone so far as to erect signs in their yards voicing their displeasure. We think it is quite telling that none of these signs have been put up in the entire two blocks of Bonnie Lane. Concerns have been raised about traffic and the operation of a commercial business in a residential area.. Agaan, Cathy and I have a unique perspective £rom which to comment on these concerns. We work various shifts and days of the week which allows us to observe the traffic patterns at all hours of the day and night. Simply stated, there is no traffic problem. The occasional neighborhood party creates more of a traffic problem than any of the Esslin�'s homes. The day care business on Bonnie Lane, other residential deliveries and incidental service people coming off Mcknight Road onto Boxwood Street cause more traffic than any of the Essling's homes. It is our impression that some of these concerns are bein� raised b}� people who are unaoie to ielt where ihe traffic goes once it goes souih on Birch Street. Only the immediate neighbors can see where those vehicles go. By providing local access for our children and elderly to these services, the quality of our neighborhood life is improved. The presence of the day care and the Essling's homes enhance livability. There is no comparison between most commercial businesses and these places which provide safe places for children, and homes for our elderly. Iudy Essling ptovides stellar care for the elderly. Her homes have been cited by the University of Minnesota as an example of "best practices" in their field. The Esslings provide employment with above average wages; some of these emp3oyees also reside in our neighborhood. Reducing access to this home from ten people to five will not improve our neighborhood. It will only displace five wlnerable elderly from what is now their home and deprive people of well compensated, important jobs The effort to keep these people from licing in our nei�hborhood strikes us as ungrateful and short-sighted. Segreeating this type of facility into remote commercial locations seems discriminatory. It is not healthy for us our families, our neighborhood or our city. We realize that there are many issues at play here beside the mere designation of a single house as a"multiple dwelling uniY'. We hope that when all of these factors are weighed, you will come to a decision that displays compassion and recognizes the value this home provides to our commumty. Please feel to contact us if you have any questions or concerns. Sincerely, ��c�� cr,�� c�'�� David and Cathy Pavlak f a� �3� Deaz Councilmember Lantry: Please knowI supportthe decisions the Zoning Administrator and the Boazd ofZoning Appeals have made regarding the two dwelling units at 2187 Bonnie Lane in St. Paul. I urge you to uphold these decisions and deny the Essling's appeal. Below, for your reference, is a copy of my message to Mr. John Hazdwick regarding the two dwelling units at 2187 Bonnie Lane. Thank you for your attention. Crrace Schmitt 1172 South Winthrop St. Paul, NfN 55119 Dear Mr. Hardwick: Thank you for the Public Heazing Notice we received regarding the two dwelling units at 2187 Bonnie Lane in St. Pau1. I am writing to restate my support for the decision of the Zoning Administrator and the Board of Zoning Appeals regarding the order to remove a second dwelling unit from the house at 2187 Bonnie Lane. The presence oftwo foster care licenses is an indication that the property contains a second dwelling unit. My understanding is that the State of Minnesota issued two licenses to this setting based on the belief that the property was a duplex. I have heard Ms. Essling state directly that she desires for the home to continue to be a single-family home, so it seems she would accept the order to remove the second dwelling unit. As I said in my letter of November 16, 2003, the Zoning Administrator made the right - not the easiest - but, the right decision in this case. Ms. Essling's business decisions over the course of several years have resulted in this situation. The City s not to be blamed for any disruption to the lives of the individuals who live at 2187 Bonnie Lane. If Ms. Essling had operated properly from the beginning, she wouldn't be faced with the relocation of five of the ten individuals who live in the house. (She could, it seems, move these individuals to 2170 Snowshoe, the property she just purchased, a portion of which appears to be within 350 feet of 2187 Bonnie Lane.) Thank you again for the opportunity to comment. I will appreciate the forwarding of my comments to the members of the City Council. Grace Schmitt Please do not rezone our South Highwood Neighborhood Page 1 of 2 �. � . . �i ii �i• � � � :i• �i� �i�� i�� • From: <Howard.A.Giteison@wellsfargo.com> To: <wazd7@ci.stpaul.mn.us> Date: 1/6/2004 ll:54 AM Subject: Please do not rezone our South Highwood Neighborhood January 6, 2004 City of 5aint Paul Saint Paul City Council Saint Paul, MN 55102-1510 Dear Katky Lantry, I am a resident of the South Highwood area of Saint Paul, at 1163 South Winthrop Street. I have been an opponent of the "taking over" of our neighborhood by any commercial establishments. I support the zoning decision about 2187 Bonnie Lane. Keep our neighbarhood the way it is currently zoned - large lot, single family residential. Our neighborhood is very unique, quiet and secluded and the streets are, by design, very narrow and not fit for much traffia l oppose the Esslings request to convert any of their homes or adult residences to muitiple dwellings. There are many people, sometimes with their small children, that walk these quite streets. If we allow more tr�c on the streets, there are fikely to be problems. I do not wish in any way that the streets be widened or have traffic controlled. The area should remain as it was designed and designated by the city - a special single family, residential area, with a unique character and charm. The Esslings have deceived the neighborhood, the City, the County and the State. They should not be ailowed to ruin our special neighborhood because of their greed. Sincerely, Marlys J. and Howard A. Gitelson 1163 South Winthrop Street Saint Paul, MN 55119-5620 (651) 501-0970 home (651) 592-2085 cell file://C:�Documents%20and%20Settings\vickis\Local%20Settings\Temp\GW}00008.HTM 1/6/2004 December 17, 2003 Kathy Lantry 15 West Kellogg Blvd. #320C Saint Paul, MN 55102 � �� Reference File NO.: #03-410460, Essling Appeal. O�f-�� RE C��VED DEC 1 � 1p03 COU NC1LMEry�g ER KAT HYLqNTRY We are writing to you in order to state our position on the Essling Appeal of the decision of the Boazd of Zoning Appeals. We built our home at 2155 Boa�vood Avenue in 1977. Our property is directly across the street from the back of the Essling property at 2187 Bonnie Lane. Our neighborhood is zoned for single-family dwellings only. This is one of the primary reasons why we built our home in this location over 25 years ago. The Essling home at 2187 Bannie Lane currently carries two adult foster care licenses granted from the MN Department of Hwman Services. By requirement and definition of the Deparhnent of Human Services, each license covers one dwelling unit. Since the Esslings ha�e two licenses for 2187 Bonnie Lane, it is considered by the State as two dwelling units. As this is a direct violation of the zoning regulations for our neighborhood, we ask the City Council to deny the Essling's appeai on this matter. The zoning regulations are quite clear and the Essling's property at 2187 Bonnie Lane continues to be in direct violation of those regulations. Respectfully submitted, --- , / . c,�,u .,-t– � � \`r� Terrence & Mary Petra 2155 Boxwood Ave. E. � � St. Paul, MN 55119 651-738-8254 Page 1 of 1 O�'�7 - . •..- . . -... . . .:... .- . A �,:�.� From: To: Date: Subject: CC: "Theresa Watschke" <I.watschke@comcast.net> <ward1@ci.stpaul.mn.us>, <ward2@ci.stpaul.mn.us>, <ward4@ci.stpaul.mn.us>, <ward5@ci.stpaul.mn.us>, <ward7@ci.stpaul.mn. us> 1/4/2004 4:55 PM Essling's Appeal to City Council Regarding the Zoning <I.watschke@comcast. net> <ward3@ci.stpaul. mn.us>, <ward6@ci.stpau{.mn. us>, Board's decision January 04, 2004 We, Lloyd and Theresa Watschke who reside at 2195 Snowshoe Lane St. Paul, are writing in regards to the Essling's appeal to the City Council onthe Zoning Board's decision denying Judith Essling's, as per the Essling Corporation, requesting for a variance for 2187 Bonnie Lane. We agree with the Zoning board's decision denying the variance. This area is zoned R1 and we are against changing the zoning to allow multi unit dwellings or granting any variances as to what constitutes a single family dwelling. We don't want the area changed from R1 to be zoned commercial which would detract from the desirablity of living in this neighborhood. If the Essling's request were to be granted it would set precedent and there would be a subsequential request for a variance at 2170 Snowshoe Lane, which is owned by the Essling Corporation, or other variance requests for other group care homes in the area. Regards, Lloyd and Theresa Watschke file://C:�Documents%20and%20Settings\vickis\Local%20Settings\Temp\GW}00009.HTM 1/5/2004 ov-3o7 �� January 2, 2003 David and Cathy Pavlak 2184 Bonnie Lane St. Paul, 1VItV 55119 651-738-1181 RECE1�lEp Dear Council Member Lantry JAN 0 6 2D03 C OUNCILMEMBER We are writing in support of Judy Esslin�'s appeal of the zoning ruling a��'h`��tANTRY property at 2187 Bonnie Lane. Cathy and I live at 2184 Bonnie Lane which is directly between Judy Essling's homes at 2187/2188 Bonnie T.ane. We have lived here since 1992. The issue before the council is whether or not the home contains a second dwellinQ unit. We have been guests in 2157 Bonnie Lane numerous times throueh the } ears and have been through the entire house. At no time have we ever construed the structure to be anythin� other than a large, singie family home. The downstairs portion of the home is open to the rest of the house al(owing the residents freedom of movement throughout the entire house. We also attended the zoning appeals hearing where the status of the home was discussed It is our understanding that this issue was addressed in 1992 and its current confi�uration n�as approved by a housin� inspector at that time There were also discussions about �ahether a kitchen area in the basement �vould make this home a duplex or multiple dwellin� unit. The zoning representative indicated that permits are routinely granted for second kitchen areas in homes to accommodate the residents lifestyles. Based on the ensuin� discussion, it appeared that the board members made their decision without having visited tlie home. The discussions included statements about �chether the home "felt like a duplex". lt is apparent that this decision was made subjectively, and �vithout a standard that can be equally applied throu�hout the city. Cathy and I are both St. Paul police ofticers. Cathy is a 20 year veteran, and I have been with the department for 15 � ears Catliy has lived in St. Paul for the last 21 years and I ha� e been a life-long resident. From our perspective as poVice officers and city residents, as �vell as our unique position as immediate neighbors to both homes for over a decade, we feel stron�ly that the Esslings should be ailowed to continue their ro(e in the community unimpeded b} any changes in their zoning or ]icensing. ]n our profession, Cathy and I see every nei�hborhood in the city We ha� e first hznd experience with and knowledge of housin� conditions throu�hout the cit}�, both in the commercial and residential arenas We have seen otlzer homes that are subdivided, o��er populated anc in disrepair. We have wimessed residents whose housin� conditions and lifestyles have seriously affected a neighUorhoods quality of life. None of these conditions are present at the Essiin�'s homes. To the contrary, the homes are scrupulously maintained and the Essline_ are the bzst neighbors that Cathy and I have ever had. Although the issue at hand is very narrow, it is being vi�orousl}' pursuee by a hand:ui o; nei�hbors, most of whom li� e 1-2 blocks away. It appears that they are attempting to blo�k the use of another of Judy Essling's homes f'or elderly residential care. It is disingem.�ous to at:ack this home, its residents, her employees and our nei�hbor for these purposes oy-3o7 To our knowledge, there has never been a problem between any of our nei�hbors and the Esslings. Only recently has this technicality been raised. Those behind this complaint have gone so far as to erect signs in their yards voicing their displeasure. ��e think it is quite telling that none of these signs have been put up in the entire two blocks of Bonnie Lane. Concerns have been raised about traffic and the operation of a commercial business in a residential area.. Again, Cathy and I have a unique perspective from which to comment on these concerns. We work various shifts and days of the week which aliows us to observe the traffic patterns at all hours of the day and ni�ht. Simply stated, there is no traffic problem. The occasional neighborhood party creates more of a traffic problem than any of the Esslin�'s homes. The day care business on Bonnie Lane, other residential deliveries and incidental service people coming offMcknight Road onto Boxwood Street cause more traffic than any ofthe Essling's homes. It is our impression that some of these concerns are bein� raised b}� people who are unabie to iell where ihe traffic goes once it goas souih on Birch Street. Only the immediate nei�hbors can see where those vehictes go. By providin� Ioca1 access for our chiidren and elderly to these services, the quality of our neighborhood life is improved. The presence of the day care and the Essling's homes enhance livability. There is no comparison between most commercial businesses and these places �vfiich provide safe places for chiidren, and homes for our elderty. 7udy Essling provides stellar care for the elderly. Her homes have been cited by the University of Minnesota as an example of "best practices" in their field. The Esslin�s provide employment �vith above average wages; some of these employees also reside in oar nei�hborhood. Reducing access to this home from ten people to five will not improve our neighborhood. It wili onty displace five wlnerabie elderiy from what is now their home and deprire people of �vell compensated, important jobs. The effort to keep these people from li��ing in our nei�hborhood strikes us as ungrateful and short-sighted. Segre�ating this type of facility into remote commerciai locations seems discriminatory. It is not healthy for us. our families, our neighborhood or our city. �'e realize that there are many issues at play here beside the mere designation of a sin�le house as a"multiple dwelling uRit". We hope that when aH of these factors are �ceighed, } �i�ill come to a decision that displays compassion and reco�nizes the �•alue this home provides to our community. Please feel to contact us if you have atty questions or concerns. Sincerely, ��.�r�� ci G�c�U� �c��t{� David and Cathy Pavlak � Oy-�7 �3� Bonnie Lane There isn't any doubt that the services provided by the Esslings aze needed, and in the coming yeazs there will be an even greater demand for these services. Most of us have a family member or have friends that are dealing with these types of issues. Recently Alzheimer's disease became an issue with a member of my own family, but this is not the matter before us. This is a zoning question, and because demand for these services is only going to increase, it is even more important rules are followed so that city services can be properly allocated. This is an attempt by a business to take a shortcut in order to maximize profits. The Bsslings knew how the property was zoned before converting it. To put this in perspective we need only look at recent history concerning their newly acquired property on Snowshoe Lane. When the Esslings acquired the property at 2170 Snowshoe Lane they began to convert it for business purposes without pulling any permits. When called on this they filed a plan that did not acknowledge they were converting it to a duglex. At a community meeting 7udy Essling herself acknowledged she planned to house nine clients at that address, even though she knew it would have to be a duplex in order to do so. If the best way to do business in Saint Paul is to ignore the rules, do business as you see fit, then ask for forgiveness, and be allowed to continue as you piease, why should any business, or resident for that matter, bother with zoning laws? State and Federal law allows for these homes to be licensed. IVowhere in these statutes does it say cities give up their rights to zone, and that multiple licenses must be issued at a given property. They tell us that these types of facilities belong in residential neighborhoods and how they aze to be configured to be licensed. That is, you must be considered a multifamily unit to have more than one license. Only by using good zoning practices can cities hope to maintain adequate city services for everyone and avoid the pitfalls of the 60's and 70's as prophesized by Jane Jacobs in The Death and Life of Great American Cities. Ignoring the zoning in this instance is not good CPTED (Crime Prevention Through Environmental Design) planning. If not held to zoning standards much needed facilities as these will become the problem not the solution.