RESOLVED, that Minnesota Teen Challenge - Duluth 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 operate a state licensed program for a transitional living program on property described as Lots 2 and 4, Duluth Proper First Division East Second Street (FN 07058), 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

     Minnesota Statute 245A.11 Subdivision 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 Minnesota Teen Challenge - Duluth, located at 2 East Second Street, is within said radius of 104 West First Street, Life House, and 221 North First Avenue West, Bridge House, a special use permit is required; and

     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 the following conditions are observed:

     (a)  Adequate supervision of participants to assure there are no nuisances to the public; and

     (b)  Sidewalks are to be kept cleaned-up and clear to allow for public use.

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Minnesota Teen Challenge - Duluth to allow for the operation of a residential program as defined by Minnesota Statute and defined by Duluth City Zoning Code as a “commercial rooming house” which is a permitted use in the C-4, central business district zone, at 2 East Second Street.

STATEMENT OF PURPOSE:  This resolution grants a special use permit to Minnesota Teen Challenge - Duluth for a transitional living program for homeless males, ages 18-70 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 2 East Second 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 June 12, 2007, 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 MN State 245A.11 Subdivision 4 requires a “special use permit” be issued for this use due to its 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.

           (3)  Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? Conditions have been identified to assure protection of the neighborhood and the programs require state/county licensing which has 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: April 20, 2007

Action deadline: August 21, 2007