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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 />Peter Beck <br />February 12, 2019 <br />Page 2 <br /> <br /> <br />• Finding 10.g. There are no statistics in the record to support turnover in this <br />neighborhood, nor does turnover define a neighborhood. The current and historical <br />use of the building brings far greater transients into the neighborhood than that of <br />ResCare. <br /> <br />As a final comment, it appears that the other ResCare facilities are in a higher residential density <br />than the Elk River location. In addition, a comment by a councilmember concerning apartments <br />with respect to lack of stability within the neighborhood suggests an outright discrimination from <br />one residential use to another residential use. <br /> <br />I’m also concerned that at the last council meeting a councilmember referred to segmentation <br />with reference to institutional use. This was very confusing. The record is very clear that the <br />IRTS is a residential use and that it allows its clients to transition into normal living. The other <br />aspect in reviewing the location is that it’s very clear the building is located adjacent to a 27,000 <br />vehicle-per-day road and the indication that ResCare clients would impact the neighborhood is <br />completely unfounded as stated by staff as it is a self-contained use. <br /> <br />Respectfully yours, <br /> <br />KELLY & LEMMONS, P.A. <br /> <br />/s/ Patrick J. Kelly <br /> <br />Patrick J. Kelly <br />PJK/slh