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LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 1996 Planner Terwedo suggested the Council and the Planning Commission set up a workshop to go through the definition and objectives of the site for a maintenance garage. Council member Conlin suggested looking at additional sites, such as, the airport advisory area, which was initially suggested by Wichser and Herreid, and also the Brookman property closer to City Hall. Councilman Hunt suggested the City move the Fire Dept. building to the Maintenance facility which would allow us to operate off of one site for an indefinite period of time so we can go through the site selection process. Hunt would like the MAC to get more involved with what the City needs for a good functioning maintenance facility which was acknowledged by Bill Wacker, Chair of MAC. M/S/P Hunt/Conlin - to schedule a workshop at a date agreed upon with the Council, Planning Commission, Public Works Dir, Fire Chief, and appropriate staff to discuss a decision analysis of the three sites already selected as possibilities for the new maintenance facility and discuss the same site selection process for any potential areas that may be brought up at that time. (Motion passed 5-0). M/S/P Hunt/Conlin - to schedule a workshop for analyzing the maintenance facility sites for January 23, 1996 at 7 p.m. (Motion passed 5-0). The Council requested the Planning Commission postpone the continuation of the public hearing for the rezoning of the Berschen property from January 22, 1996 to the February 12, 1996 Planning Commission meeting. D. Multiple Residential Dwellings in City - Zoning questions Planner Terwedo explained it has come to the City's attention that there may be a potential zoning and licensing issue with a home day care facility at 9442 Stillwater Blvd. The entire home is presently being used as two separate licensed day care facilities. Terwedo pointed out there are two issues of concern, the first is the home has been used as a duplex in a single family zoning district. There are no records of when this home was converted from a single family use to a duplex use. The second issue of concern is the two day care licenses serving two single family residential uses on one property. Under the Minn. Stat. S462.357 Subd 7, a licensed day care facility serving 12 or fewer children shall be considered a permitted use in the single family residential zone. Under Minn. Stat. 462.357, a licensed day care facility serving from 13-16 persons shall be considered a permitted use in the multifamily residential zone. The day care has been located at this site for four years. The council received a letter from Attorney Fills, dated October 27, 1995, regarding Day Care Licensing Regulations, City Zoning Regulations. Filla indicated the City needs to decide whether or not there is any reason why this property needs to be treated as a multi -family use. Is there something that the City has done in the past that would legitimize the conversion from single family dwelling to multiple. If not, we have a structure in the single family zone with a multiple family use, whether its day care or whether its two individual families which is not permissible. The State regulation requires the County and the State to check into local zoning before they issue licenses. Washington County has told him that in this particular case they did not check with the City. The County was told it was a duplex and that is why they issued the licenses as they did. If a use is not permitted within the zone, it is illegal and needs to be terminated. If there is some reason why the City has allowed that to continue or issued permits to allow improvements be made and money spent, then a court would conclude even though regulations do not allow multiple family use in that zone, because of the City's involvement and expenditure of money and reliance on that, the City is precluded from applying that regulation to these people. Tammy Malmquist, 9442 Stillwater Blvd., explained it is a duplex and each dwelling has its own address. Washington County licensed a day care to each individual address. It was a duplex since 1961 and was advertised as a duplex (9442 and 9449) when they bought it. The county rented it from the previous owners as a group facility for physically and mentally challenged adults.