WHEREAS, Lutheran Social Services has submitted to the city council a request for a special use permit, in conformance with the requirements of Section 245A.11 of the Minnesota Statues, to establish and operate a state licensed program for a transitional living program on property described as Lot 18, West First Street, Duluth Proper First Division and located at 104 West First Street; and said permit application was duly referred to the city planning commission for a study, report, and public hearing, and the city planning commission has subsequently reported its approval to the city council; and

        WHEREAS, the Minnesota Statute, 245A.11 Subd. 4. (2), special conditions for residential programs, requires that the municipality grant the residential program a conditional use or special use permit when there is an existing residential program within 1,320 feet; and because "Bridge House" located at 221 North First Avenue West, is within said radius of 104 West First Street; and

        WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

        NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Lutheran Social Services to allow for the operation of a residential program as defined by Minnesota Statute and known as Lutheran Social Services renaissance transitional living program and defined by Duluth City Code as a "commercial rooming house" which is a permitted use in the C-4, Central Business District Zone, at 104 West First Street.

STATEMENT OF PURPOSE:  This resolution grants a special use permit to Lutheran Social Services renaissance transitional living program to open a coed transitional living program for homeless youth, ages 16-21 years. For purposes of city of Duluth zoning, this use is considered a "commercial rooming house" and is a permitted use for the property located at 104 West First Street. 

State law regarding this type of facility states "Chapter Title: HUMAN SERVICES LICENSING 245A.11 Special Conditions for Residential Programs. Subdivision 1. Policy Statement. It is the policy of the state that persons shall not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings." and "Subdivision 4. Location of Residential Programs. In determining whether to grant a license, the commissioner shall specifically consider the population, size, land use plan, availability of community services, and the number and size of existing licensed residential programs in the town, municipality, or county in which the applicant seeks to operate a residential program. The commissioner shall not grant an initial license to any residential program if the residential program will be within 1,320 feet of an existing residential program unless one of the following conditions apply: (1) the existing residential program is located in a hospital licensed by the commissioner of health; (2) the town, municipality, or county zoning authority grants the residential program a conditional use or special use permit; (3) the program serves six or fewer persons and is not located in a city of the first class; or (4) the program is foster care.

In an effort to provide a mechanism for the state of Minnesota to respond to this request, the city is utilizing the section 50-32 of the code.

The planning commission unanimously approved this resolution at its September 11, 2001 meeting. In making this recommendation the planning commission considered the following findings:

(a) that the ordinance and law governing the application is Section 50-35 and State Statues 245A.11 Subdivision 4;

(b) that compliance with the ordinance and law requires that the following facts, features, or events show compliance:

(1) Because Minnesota State 245A.11 Subdivision 4 requires a "special use permit" be issued for this use due to it location within 1325 feet of a similar use as defined by state statute and the city of Duluth defines the use of a commercial rooming house as a permitted use in a C-4 Zone, this action is being taken to satisfy statutory licensing requirements.

(c) that the commission considered the following findings in their action:

(1) Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No, this is an area of the city with a mixture of commercial, office, and residential uses.

(2) Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No negative impacts have been identified. The facility is considered to have a positive impact on the community through its programs for youth.

(3) Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? There are no conditions identified to assure protection of the neighborhood. The programs require state licensing which have been deemed an adequate safeguard.

(4) What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? None have been identified.

Date Filed: August 17, 2001
Action Deadline: October 15, 2001