Laserfiche WebLink
WARREN SPANNAUS TELEPHONE <br />(612) 296 -6196 <br />STATE OF MINNESOTA <br />OFFICE OF THE ATTORNEY GENERAL <br />ST. PAUL 55155 <br />ATTORNEY GENERAL <br />December 13, 1976 <br />Clayton. Parks, Jr., Esq. <br />City Attorney, City of <br />Little Canada <br />515 Little Canada Road <br />St. Paul, Minnesota 55117 <br />Re: Minn. Stat. § 462.357 subd. 7 (1975 Supp.) <br />Dear Mr. Parks: <br />In your inquiry of November 18, 1976, you ask whether <br />Minn.. Stat. § 462.357 subd. 7 (1975 Supp.) is restricted in <br />its application to non- profit foster homes and group homes, <br />and you also ask whether the proposed use of a profit- making <br />facility would violate the Little Canada Zoning Code. <br />It is my opinion that the cited statutory section <br />applies equally to profit and non - profit foster and group <br />homes. The statute makes no distinction between profit and <br />non - profit organizations, but limits its application to a <br />home that is state - licensed and serves six or fewer retarded <br />or handicapped persons. It therefore appears that a profit - <br />making home is entitled to be considered as a single family <br />residential use under state law so long as the other qualifi- <br />cations are met. <br />Because I have not examined the Little Canada Zoning <br />Code, I specifically express no opinion whether the proposed <br />use by Nekton., Inc., violates that Code. However, considering <br />the information you have given me, there is the implication <br />that the state statute and zoning code are inconsistent. I <br />would respectfully suggest a careful examination of the code <br />in light of the statute and my comments in the preceding <br />paragraph. <br />16 <br />