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<br />2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 <br />TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 <br />www.kellyandlemmons.com <br />Specifically, the planner addressed the issuance of the conditional use permit at the proposed <br />location. In the planner and staff evaluation, the first standard was addressed as follows: <br /> <br />1. Will not endanger, injure or detrimentally affect the use <br />and enjoyment of other property in the immediate vicinity or <br />the public health, safety, morals, comfort, convenience or <br />general welfare of the neighborhood or the city. <br /> <br />The proposed use is self-contained, regulated by the State of <br />MN, does not generate significant traffic, and does not appear <br />to pose a security threat to nearby residents. The site is <br />adjacent to Highway 10 with access to a signalized <br />intersection and any traffic generated by the use will likely <br />utilize this intersection. For these reasons, along with the <br />extensive screening, the us is not expected to detrimentally <br />affect the use and enjoyment of the other property in the area. <br /> <br />On November 27, 2018, the planner submitted recommendation by motion, approval of the <br />conditional use permit to operate a conditional use at 633 Upland Ave with the following <br />condition: <br /> <br />1. A copy of the Intensive Residential Treatment Services (IRTS) License from the <br />State of MN must be submitted to the city. <br />2. The SAC/WAC Unites will be reassessed in order to decide if an additional WAC <br />Fee will need to be paid based on the change in use. <br />3. Smoking shall not be allowed in the building, and a designated smoking area outside <br />of the building must be identified on the site plans. <br /> <br />The Planning Commission conducted the public hearing and received comment from one <br />citizen and asked questions of ResCare and planning staff concerning the application. After <br />the close of the public hearing and after reviewing reports and comments, the Planning <br />Commission recommended approval of the condition use permit unanimously. <br /> <br />On December 17, 2018, the City Council discussed the request for the conditional use permit. <br />During public hearing, the residents asked a number of questions regarding ResCare’s <br />operation and noted a number of concerns about potential impacts to public safety. After the <br />public hearing was closed, City Council directed staff to consult with the police chief <br />regarding potential safety concerns. Council also asked ResCare to provide written response <br />to the questions provided during the public hearing. After the meeting, staff gathered <br />questions about ResCare and their operation from residents, City Council, and other staff. <br /> <br />Staff completed the task of obtaining and assembling information and coordinated with the <br />police department with respect to questions concerning ResCare facility for the January 22, <br />2019, meeting. Planning staff presented a report to the City Council for approval of the <br />conditional use permit. The report was submitted after additional information was obtained