02-12-09 Planning Comm. Agenda - Laserfiche WebLink

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Age of Occupants. The City's definition of "family" references a maximum of three (3) unrelated persons eighteen (18) years of age or older. The appeal is from this specific provision since the four occupants are all of adult age. Supervision. All four dwelling occupants are developmentally disabled. The applicants suggest that the nature of the occupancy by developmentally disabled adults with supervision will not result in any negative impacts on the neighborhood, but instead, the home will be no different, or perhaps have less impact, than a licensed group home. Since the State initiated requirements for licensed group homes of up to six occupants, plus staff in the early 1990s, there have been few if any reports of negative impacts on single family neighborhoods. Most communities report that such residences blend into their neighborhoods without notice. Off-Street Parking. The applicant has indicted that dwelling residents will not drive. Thus, off-street parking and associated traffic impacts will be minimal. Based on this situation, there should be no additional negative traffic impacts on the area, nor should there be a concern over lack of parking facilities on the property. The applicants indicate that occupants are picked up by a driver for work. If this exception is approved, this issue may be made a condition of occupancy to avoid concerns over parking and traffic. Secondary Uses. The dwelling in question is to be maintained by the applicants/ property owners. Recognizing this and that few vehicles will be parked on the property, the garage should be used only for parking of staff vehicles, and not for off-site storage. As an accessory building, the garage is to be used only in support of the principal occupancy of the property. Rental License. As a condition of exception approval, it is expected that the property owners secure a rental license. Such license will document the conditions of use approval. Any changes to the conditions of approval would require the issuance of a new rental license. Building Alterations. To maintain the integrity of the neighborhood and zoning district purpose, the home should not be altered in a manner which is inconsistent with future re-use as a single family dwelling. Building and Fire Codes. The age of the home has not been specified. As a condition for this group occupancy, the home should be made subject to all applicable requirements of the State Building and Fire Codes. Noise. Like all other uses in the City, the emission of noise from the dwelling should be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Rules 7030 as amended. Based on the description of the use by the applicants, the exception to the number of unrelated occupants should not raise issues with noise or other similar concerns.