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Home My WebLink About01/05/1978 -' �� CITY OF APPLE VALLfY URBAN AFFAIRS COMMITTEE MINUTES JANUARY 5, 1978 PRESENT: George Hecker, Hank Myers, aick Edwards, Jim Ronay, Dorothy Regis, Joan Goering. ABSENT: Bill Smith Chairman Hecker called the meeting to order. MOTION: of Regis, seconded by Ronay to re-elect George Necker, Chairman of the Urban Affairs Comnittee for 1978. Motion carried unanimously. A copy of a letter from Eldon Hugelen, Landscape Architect, regarding the natural areas and other corr�nents in reference to the weed portion of the Nuisance Ordinance was reviewed. The Committee will pursue the weed ordinance when they have completed their study on "Group Homes." There was considerable discussion regarding the direction the Urban Affairs Committee should take in studying the "Group Home" referral . It was the feeling of the committee that the zoning ordinance should provide for locations for the homes. At the present time it does not make reference to areas where they could be located. The Comnittee discussed the State Statutes which Dorothy Regis reviewed regarding the licensing by the State of Minnesota regarding group homes. Joan Goering stated that it is the intent to provide a "home-like environ- ment"; the State regulates what is necessary for the licensing. Regis suggested that the Urban Affairs Comnittee come up with a "policy statement" and that they discuss the potential with the Planning Commission members as to changes in the zoning ordinance. Ronay felt that Mr. Kilje, a member of the Northwest Dalcota County Group Homes Study Committee, shouTd be invited to the next meeting to discuss with him what they want from the City of Apple Va11ey. The State Statutes cover the licensing and how the homes are to be con- ducted. It also s�ates that no licenses would be granted when there is an excessive concentration of homes in one area of a community. The AV Ordinance states five persons unrelated may occupy a single family dwelling; the State Statutes say the following: 245.812(3) A licensed day care or �g�idential facilit: serving six or fewer persons shall be considered a permitted single family residential use of property for the purposes of zoning. 245.812(4) Unless otherwise provided in any town, municipal or county zoning regulation, a licensed day care or residential facility serving , . Page #2 �� Urban Affairs Commi�e Minutes � , 1/5/77 from seven through sixteen persons shall be considered a permitted multi- family residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit�in order to assure proper maintenanee and operation of the facility, provided that no conditions sha11 be imposed on the homes which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless such additional conditions are necessary to protect the health and safety of the residents of the facility. Nothing herein shall be construed to exclude or prohibit residential homes from single family zones if otherwi:se permitted by a local zoning regulation. There was some discussion regarding the local zoning ordinance; our local ordinance cannot be more restrict that there are prohibitive or permissive statutes -- "what you can do or what you can't do." According to state law, six or fewer persons is allowed in a residential area" -- Apple Valley cannot say fewer persons -- they could state more than six could be allowed. In anather example--the Federal Constitution creates a certain right -- the State Law can't take it away. Most of the State Statutes will give broad outlines. Hecker referred to the Liquor Ordinance where the City could be more restrictive than the State Laws. It was the feeling of the members that State Law restricts what the City can do in reference to group homes. Goering stated that she felt that provisions should be made by the City for having the homes in the area. There was some discussion regarding the difference between the supervised residential program and the social rehabilitation program. The Minnesota Statutes 245.782(6) defines "Retidential faci?i�v" means any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, =but are not Timited to: state institutions under the control of the corr�nissioner of public welfare, foster homes, residential treatment centers, maternity shelters, �roup homes, residential programs, or schools for handicapped children. The Corrnnittee decided to ask Mr. Paul Gilje to attend the next Urban Affairs Corr�nittee meeting which will be held on January 19, 1978 at 7:30 p.m. The general consensus of the Committee members is that the AV Zoning Ordinance is in conflict with the State Statutes. Meeting adjourned. (Note: Attached is a copy of the letter received from the "League of Minnesota Cities"in reference to the Group Home question.)