RES 18-047 DENYING A CODE TEXT AMENDMENT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHILDCARE FACILITY SERVING UP TO 17 CHILDREN AT 3029 WILSON ST

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CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 18 -047 RESOLUTION DENYING A CODE TEXT AMENDMENT TO ALLOW A CHILDCARE FACILITY SERVING UP TO 17 CHILDREN IN THE R -1 SINGLE FAMILY DISTRICT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHILDCARE FACILITY SERVING UP TO 17 CHILDREN AT 3029 WILSON ST WHEREAS Jeri Johnson has made application for a zoning code text amendment to allow as a conditional use permit childcare facilities with up to 17 children in an R -1 Single Family District; and WHEREAS the Applicant has also requested a conditional use permit to allow a childcare facility at 3029 Wilson Street to serve up to 17 children; and WHEREAS Section 152.242 allows for applicants to make requests to change the city's zoning code through a Code Text Amendment; and WHEREAS The Planning Commission reviewed and considered the request based on the related documents shown in the Applicant's application in a public hearing at their regular meeting on May 21, 2018, and recommended denial of the request. NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village adopts the following findings of fact related to the Applicant's request: • The request is not in keeping with the intent of the R -1 Zoning Ordinance "to create and maintain areas which due to the natural amenities of the land, low traffic volumes, and historical development patterns are best suited for single - family detached residences" because the current code allows for the reasonable and state protected use of childcare centers accommodating up to 14 children. • The proposed use is not acceptable, given the desire to increase the number of children beyond what is normally allowed in the R -1 district (17 children). • This area consists of mostly single - family homes, however there are religious institutions and schools in the surrounding neighborhood. • There is no compelling public interest to change the city code to deviate from the 14 children maximum protected by statute for childcare facilities.