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February 26, 2008 low impact project, being the smallest licensed nursing home in the State. David Moore representing BKV architects described the proposed building as a backdrop to the church. Building materials were described as brick and hardy - board ' Andra S� 1248 Long Lake Rd stated her opposition to this project. The question was asked to Ms. Hansen related to the license requirements. Ms. Hansen replied the license is issued by the Minnesota Department of Health, and each nursing home bed is licensed. Ms. Storla expressed her concern with any that future uses at could occupy the premise. Mayor Larson explained that any change in use would require council approval. Councilmember Doffing suggested mailing the declaration to residents in the area, in order to ensure notification. Councilmember Burg questioned the requirements for licensure of group homes or halfway houses. Ms. Gundlach reported that the State regulates these houses, it was reported there are approximately 20 in the City cLurently. A resident from 1459 12� Terrace NW spoke to his concern with the possible type of care offered. Mayor Larson reported the City does not govern the operations of nursing facilities; the State is responsible for these facilities. City Attorney Charles LeFevere reiterated that the item being discussed is a land use item, and many of the comments made are not reflective of the land use application. Jean Bye, residing at 1240 Long lake Rd spoke to her opposition to the proposed project, particularly in the case of maintaining the value of their home. Councilmember Doffing stated this is a unique situation; it would be her preference to see the facility located in a district other than residential for the reason of another use meeting the requirements of the declaration. Motion by Councilmember Bauman, seconded by Councilmember Burg to adopt the attached resolution approving the requests subject to the ten conditions. 3 Ayes —1 Nays, Motion Carried Ayes: Mayor Larson, Counedmembers Bauman and Burg Nay: Councilmember Doting 2. Dan Bmestie of Du All Services Inc. on behalf of Jason and Teri Lahr, requests a Nonconfonning Use Permit (NC2008-001, 1230 Long Lake Road, to permit a 2nd story addition above an existing nonconforming front yard setback of approximately 20' when 30' is required. Report No. 08-072. Resolution No. 08-023. City Planner, Janice Guncilach explained the property recently experienced fire damage. 'Ihe homeowner is requesting the construction of a second story. The Planning Commission held a Public Hearing on February 19, 2008, and recommended approval. ' Motion by Councilmember Doffing, seconded by Councilmember Burg to adopt the attached resolution approving the nonconforming Use Permit subject to one condition. 2. Dan Bruestle of Du All Services Inc. on behalf of Jason and Teri lahr, requests a Nonconfomvn:, Use Permit (NC2008-001: 1230 Long Lake Road, m permit a 2� story addition above an existing nonconforming front yard setback of approxdmately 20' when 30' is required. Report No. 08-072. Resolution No. 08-023.