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MINUTES <br />PLANNING COMMISSION <br />DECEMBER 11, 2014 <br />Fischer agreed that this was a great opportunity, noting that there have <br />been vacant properties along the City's main streets for some time. <br />Duray recommended approval of the Rezoning of 477 Little Canada Road <br />from Auto -Oriented Business (B-2) District to General Business (B-3) <br />District to accommodate a food catering business as proposed by Molly <br />Behymer, Creative Catering, subject to compliance with the <br />recommendations of the City Planner as outlined in his December 5, 2014 <br />report. <br />Motion seconded by Schwalbach. <br />Motion carried 6 — 0. <br />AMEND The City Planner reviewed his December 5, 2014 report relative to the <br />ZONING definition of family as exists in the City's Zoning Code. He noted that it <br />CODE — was recently pointed out that the Zoning Code included an outdated <br />DEFINITION reference to State Statute relative to group homes. The Planner pointed <br />OF FAMILY out that State Statute previously required the licensing of group homes and <br />that requirement has now been changed to the registration of group homes. <br />The Planner also noted that State Statute defines group homes consisting <br />of six or fewer residents as a single-family home for the purposes of <br />zoning. Therefore, any zoning districts that allow single family homes <br />must also allow group homes of six or fewer residents as a permitted use. <br />The Planner noted that the only restriction on the type of group home that <br />could locate in a residential area is that the group home cannot be one <br />where the residents have been convicted of sex crimes. <br />The Planner noted that another related issue was whether or not live-in <br />staff would be counted in the resident number of six or fewer. In working <br />with the City Attorney and the League of MN Cities on that issue, live-in <br />staff would not be counted in that number. The Planner reviewed <br />additional proposed language outlined in his report addressing that issue <br />also noting that the live-in quarters for staff would have to be attached to <br />the primary structure. <br />Duray asked if there was a limit on the number of group homes that could <br />locate in the City. The Planner reported that there was not. He noted that <br />one may read articles about the Cities of Minneapolis and St. Paul limiting <br />group homes, but given these are Class 1 cities, they have the ability to <br />limit group homes. Little Canada does not. The Planner again noted that <br />group homes in residential areas cannot be for residents convicted of sex <br />crimes, however. <br />4- <br />