PC Packet 07-19-2011 - Laserfiche WebLink

Home Browse Search

PLANNING REPORT DATE: July 15, 2011 CASE: SP2011-012 SUBJECT: Appeal of a staff decision& a permitted use determination impacting 1820 Old Highway 8 NW APPLICANT: Jim Bettendorf on behalf of Volunteers of America—Minnesota REQUEST&BACKGROUND Volunteers of America-Minnesota (VOA) contacted City staff in late May/early June to inquire about the property located at 1820 Old Highway 8 NW. Their specific inquiry was to use the property for a residential re-entry program for prisoners who are nearing release and working towards re-entering society. Staff met with Jim Bettendorf of VOA on May 31st to learn more about their proposed use and to determine if the existing MX, Mixed Use zoning would allow such a use. Staff advised VOA that their use is not specifically listed in the MX district and that the only possibility for consideration of that use would be to determine if it were a similar institution to those listed in Section 6-540 (2) (E), which consists of clinic, hospital, sanitarium, convalescent homes,rest home, nursing home or orphanage. In the weeks following that May 31 St meeting, staff requested additional information from VOA, which was provided in a letter dated June 10th (attached). Following examination of all the elements of VOA's use and the uses already listed in Section 6-540 (2) (E), City staff made the determination that VOA cannot request a Special Use Permit under Zoning Code Section 6-540 (2) (E) because their use did not have enough similarities to be considered a similar institution. That decision is outlined in a letter dated June 16, 2011 (attached). In response to that decision, VOA has made the following two requests: • Appeal the staff decision that the proposed residential re-entry facility is not a similar institution to that of a clinic, hospital, sanitarium, convalescent home, rest home, nursing home, or orphanage as outlined in Zoning Code Section 6-540 (2) (E). This request does not require a public hearing. • A request that the proposed residential re-entry facility be added to the list of permitted uses in the MX district, per Zoning Code Section 6-520 (4) (D) because the proposed use is compatible with the other uses listed in the district. This request does require a public hearing. While these requests are related, the City will need to evaluate and act on each issue independently. However, the background information is the same and many of the land use characteristics and considerations are similar. Staff has provided an analysis of each request below. ATTACHMENTS A—Location Map B—Zoning Map C—Aerial Photo D—Neighborhood Notification Map E—6/10/2011 VOA letter to City F—6/16/2011 City staff letter to VOA G—6/28/2011 email to VOA attorney H—6/24/2011 letter from Applewood Pointe Cooperative I—7/6/2011 request letter from VOA attorney J—VOA narrative K—Special Use Permit Criteria Worksheet