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Honorable Mayor and Councilmembers. My name is Bob Nehring and I live at 3017 Wilson. I am here to <br />not only to speak against the zoning text amendment and conditional use permit, but to state that a <br />"Child Care Center" does not belong in an R -1 zone. <br />As Ms. Rothstein pointed out in her memo to you, "Ms. Johnson holds a Minnesota Child Care License <br />(Rule 3), which is a commercial type license and does not establish a maximum number of children <br />allowed, except through teacher /student ratios and does not require her to live on -site. She does not <br />live on site and employs a total of three teachers, including herself." <br />She continues in the next paragraph that "Minnesota State Statute protects family childcare centers as a <br />permitted use in the R -1 district, and family childcare centers are limited to 14 children." We have to be <br />cautious with wording here. Minnesota State Statute protects family day care providers as a permitted <br />use in the R -1 district. We need to look at word use and definitions here. The JUX Law Firm defines the <br />two this way: "Family and group family day care provide services in a setting other than a child care <br />center, usually the provider's residence, for fewer than 24 hours per day. A child care center is a facility <br />where child care is provided for fewer than 24 hours per day in a setting that is not a residence." "Child <br />care centers must be licensed with the Minnesota Department of Human Services pursuant to <br />Minnesota Rule 9503.0005 to 9503.0170." <br />On page 2 of Ms. Rothstein's memo to you, she lists Applicable codes and Statutes. Bullet #4 states: <br />"M.S. 462.357, Subdivision 7 says 'a licensed day care facility serving 12 or fewer persons, and a group <br />family care facility under Minnesta Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children <br />shall be considered a permitted single family residential use of property for the purposes of zoning. <br />We are talking different MN Rules and one can't pick and choose which one to follow. <br />When Ms. Johnson started her business, she started it as a home day care in a homesteaded residence <br />even though no one resided there. The house is currently non - homesteaded and the day care license is <br />now a license for a day care center. Other Child Care Centers in Saint Anthony Village include: <br />MN Chinese Day Care and Learning Center, 2520 Kenzie Terrace <br />Nativity Child and Family Center, 3312 Silver Lake Road <br />Unlimited Potential in Education Inc., Operating as Jack & Jill, 2812 Anthony Lane South, Suite 400 <br />IKRAM Child Care LLC, 3055 Old Highway 8, Suite 110 <br />St Charles Borromeo Preschool, 2727 Stinson Blvd. <br />and Willow & Sprout LLC, 3029 Wilson Street NE <br />This business does not belong in an R -1 district. <br />Thank you. <br />