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4.9. SR 02-04-2019
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4.9. SR 02-04-2019
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2/4/2019
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in particular, create traffic congestion or interference with traffic on <br />adjacent and neighboring public thoroughfares. <br />(5) Will not involve uses, activities, processes, materials, equipment and <br />conditions of operation that will be detrimental to any persons or property <br />because of excessive traffic, noise, smoke, fumes, glare, odors, dust or <br />vibrations. <br />(6) Will not result in the destruction, loss or damage of a natural, scenic or <br />historic feature of major importance. <br />(7) Will fully comply with all other requirements of this Code, including any <br />applicable requirements and standards for the issuance of a license or <br />permit to establish and operate the proposed use in the city. <br />8. The Planning Commission voted 6-0 to recommend approval of the Conditional Use <br />Permit, stating that the application met all seven standards for issuance. <br />The City Council directed preparation of a resolution of denial on the grounds that the <br />application does not satisfy standard number one: <br />(1) Will not endanger, injure or detrimentally affect the use and enjoyment of <br />other property in the immediate vicinity or the public health, safety, <br />morals, comfort, convenience or general welfare of the neighborhood or <br />the city. <br />10. The City Council Finds that standard number one for approval of a Conditional Use <br />Permit has not been met because: <br />a. The Property is located in a predominantly single-family residential area, not <br />supportive of a medical treatment facility due to pedestrian and vehicular <br />traffic, police calls, and lack of proximity to commercial uses. <br />b. Testimony from residential property owners in the vicinity of the Property <br />shows concern for the safety of the residents in the single-family <br />neighborhood. <br />c. The Applicant operates six IRTS facilities throughout the Twin Cities <br />metropolitan area, with some facilities averaging six or more police calls per <br />month. Police reports submitted for the record indicate that some police calls <br />have been for threats against other clients and staff, intoxication and suicidal <br />tendencies with the intent to take place outside of the facility, including <br />walking into traffic, jumping off of bridges, and slitting throats and laying out <br />in the front yard. <br />d. Multiple police responses per month in a single-family residential district will <br />draw additional attention and focus from the neighborhood, detrimentally <br />affecting properties in the immediate vicinity. <br />e. The 17 group homes reviewed by the Elk River Police Department had 55 <br />total calls for service in 2018. These 17 facilities combine for less than the <br />total police calls for one IRTS facility operated by ResCare in another <br />community. <br />i <br />
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