HomeMy WebLinkAbout01-12-98REGULAR PLANNING COMMISSION AGENDA
MONDAY, JANUARY 12, 1998
6:30 p.m.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
4. Public Hearings:
A. Case #97-132, Burdick Properties request variances for rear yard setback and
berm slope for 14162 Commerce Avenue and 14180 Commerce Avenue properties.
B. Case #96-126, Kelvin Retterath requesting a side yard variance for the property at
16520 Inguadona Beach Circle.
C. Case #97-128, City of Prior Lake considering a proposed amendmem to the City
of Prior Lake Year 2010 Comprehensive Plan for the property located at 5240 160th
Street.
D. Case #97-117, Safe Haven Shelter for Youth requests a Conditional Use Permit
for State licensed residential facility serving 10 persons in the R-3 District for the
property located at 5240 160th Street.
E. Case #97-127, City of Prior Lake considering a proposed amendment to the City
of Prior Lake Year 2010 Comprehensive Plan changing the designation of the property
located at 6867, 6885 and 6899 Boudin Street fi.om Low to Medium Density Residential
to the Community Retail Shopping designation.
6.
7.
8.
Old Business:
New Business:
Announcements and Correspondence:
Adjournment:
16200 E~le ~re~ ,~ve. ~.~,.,~nor ~a~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
DECEMBER 8, 1997
1. Call to Order:
The December 8, 1997, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Cramer, Criego, Kuykendall,
Stamson and Vonhof, Director of Planning Don Rye, Planning Coordinator Sane Kansier
and Planner Jenni Tovar.
2. Roll Call:
Vonhof Present
Kuykendall Present
Criego Present
Cramer Present
Stamson Absent
3. Approval of Minutes:
Cramer- Correction on Page 6, 6th bullet, 3rd sentence "limit non kennel to 3 animals."
Vonhof approved minutes as amended.
4. Public Hearings: Commissioner Vonhof explained the public hearing procedure.
Tony Stamson arrived 6:35 p.m.
A. Case #97-106 Consider a Schematic Planned Unit Development to be known as
Glynwater to allow 123 townhouse units, located west of Fremont Avenue on the south
side of County Road 82.
Planning Coordinator Jane Kansier presented the staff report dated December 8, 1997.
Wensmann Realty has applied for a Schematic PUD Plan for the property located on the
south side of CR 82, just west of Fremont Avenue and directly south off the entrance to
The Wilds. This property is currently zoned A-1 (Agriculture). Much of the property is
also located within the Shoreland District for Prior Lake and Arctic Lake. This property is
designated for Urban Low to Medium Density Residential uses on the 2010
Comprehensive Plan Land Use Map. The easterly portion of the property is located
within the 2010 MUSA boundary. The westerly portion of the property is still outside of
the MUSA.
The purpose of a Schematic Plan is to review the concept of a PUD based on the
following:
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1. Compatibility with the stated purposes and intent of the planned unit development
requirements.
2. Relationship of the proposed plan to the adjacent property, the Comprehensive Plan,
and zoning provisions.
3. Internal organization and adequacy of uses and densities, circulation and parking
facilities, public facilities, recreation areas and open spaces.
Staffreviewed current zoning and Comprehensive Plan and MIJSA boundaries. The site
is 41.5 acres, with a varied topography ranging in elevation from 910 to 970, that
generally drains towards the wetlands. Steep slopes exceeding 20% are along east and
northerly portions of the property. A wetland borders the site. Historically, the site has
been farmed. There are some wooded areas on the perimeter of the wetlands. The
Preservation ordinance applies. There are not a lot of significant trees. There are
significant wetlands. Applicant is proposing to fill wetland only where the road is to be
located. The access is south of the Wilds, and exits on CR 82. The County has no
objection to access. Proposed zoning to R-2 is consistent with the Comprehensive Plan.
Proposal is for 122 units in 2, 3, and 4 unit townhouses. The overall density of the site is
3.8 units per acre. Lot coverage is 12.7% (open space 51%). The City requires 10% Park
dedication, 11.69 acres total is provided, but 5 acres is unbuildable (wetlands). The
location of proposed park is acceptable however, difference must be made up with cash
dedication.
The City owns a I6.5' strip of land on the west side of this site under a specific use deed
for trail access to Arctic Lake. This is future access to Arctic Lake. The plan does not
meet PUD requirements. This same type of development can occur under the R-1 or R-2
zoning districts with a Conditional Use Permit. R-2 can have 176 units, in R-1 they can
have 112 units. The only reason for PUD is to have private streets. They would have to
meet the other requirements. They are not proposing to preserve significant natural
features to warrant the PUD.
At this time, the Planning Commission should make a determination on whether or not
this proposal is consistent with the purpose and intent of the PUD provisions. The
Commission must make a recommendation to the City Council on the proposed
Schematic PUD Plan.
If the Schematic PUD Plan is to proceed, it should be subject to the following conditions:
1. Further action to approve this PUD is conditioned upon the rezoning of the property
to the R-2 district to permit the requested density on the site.
2. The developer must submit additional calculations for densities in the Shoreland tiers.
The calculations submitted did not appear to subtract the wetlands from the site area
for each tier as required by Section 9.11 C of the Zoning Ordinance.
3. A phasing plan for the development of this site must be submitted.
4. A revised Tree Preservation Plan, which includes all of the disturbed areas, and an
accurate count of significant trees, must be submitted.
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5. The plan must show contours within 200' of the subject property boundary.
6. Provide a sewer stub on the private street that runs east to the adjacent property.
7. Provide all the submittals required by Section 6.12, B, 5 (Preliminary PUD Plan) of
the Zoning Ordinance.
The Planning staff recommended denying the request. With the exception of the private
streets, this proposal can be accomplished through the conditional use permit process.
For this reason, the proposal does not meet the intent of the PUD provisions.
Questions from Planning Commissioners:
Criego- Advise developer to go normal route as permitted?
Kansier- Yes, we had several meetings, and told them of the various processes. They
chose this one.
Comments from the public:
Terry Wensmarm, Wensmann Realty explained there would be 122 units with varying
styles. He presented the various townhome styles and prices ranging fi.om $115,000 to
$250,000. We can go either way, the right-of-way will be larger on public streets. This
pushes the units further into the slopes and wetlands. This is our rationale for going with
a PUD. The density will not be affected. We are trying to preserve trees and steep
slopes. We are losing 9 of 23 significant trees.
Comments from the Commissioners:
Vonhof- Likes looks of it. Major geographical features protect the neighborhood. The
looped road and access are good. Agrees with staffthat a CLIP is the proper procedure.
The developer's request to provide narrower streets is unjustified. Supports staff
recommendations.
Kuykendall- Agrees with Vonhof. No argument for private streets and meeting the
objectives of PUD other than impact on wetland and steep slopes. What steps can be
taken to mitigate the impact of public street vs. private street.
Nick Pulta, Pioneer Engineering- Street width will be maintained for public versus
private. The difference is right-of-way, which will be 8' wider. The additional 8' pushes
the houses further into the slope. 5-6 feet versus 30 feet would require additional
grading.
Kuykendall- How do you propose to maintain the private street?
Terry Wensmann- 3 different associations will maintain the streets as written in the
bylaws and covenants.
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Kuykendall- Can you explain the parallel street in NW comer?
Terry Wensmann- Future access can be dedicated to public.
Kuykendall- Are there private streets in the development?
Terry Wensmann- The street located in the northeast comer of the site and interior cul-de-
sacs are proposed as private streets.
Kuykendall- no advantage of PUD, developer would accept CUP procedure. Supports
staffrecommendation. He asked about the sidewalk location.
Terry Wensmann- Sidewalk is located on the east side of the street to connect with
existing trail.
Kuykendall- Public streets require sidewalk on one side. Promoted in city. Is this
correct?
Kansier- City policy requires sidewalks on collector streets. No sidewalk is required on
local streets.
Kuykendall- Prefers sidewalk. Recommends sidewalk on one side for safety of children.
Stay with CUP and public streets.
Criego- We want to protect slopes. With the CUP process we can do this. With the
PUD process we can require it and give leeway on other items. Recommends the PUD to
preserve slopes. The Developer needs to show Planning Commission how to preserve
slopes with PUD. How many homes get lost if we save the slopes?
Nick Pulta- The property is sensitive with slopes and trees. Need to balance amenities.
To redesign without disturbing the 20% slopes would lose 27 homes or 20% of the
development. This is major making the project less desirable. Shoreland District
requirements also place restrictions on the number of units. However, we are at a higher
standard than required.
Criego- Will have the same problem of slopes and trees with CUP or a PUD. With a
PUD we will have some leeway.
Nick Pulta- We tried to reach a compromise of the natural amenities of slopes and trees,
cutting and filling.
Terry Wensmarm- We want as much green space as possible to make the project work.
The open space will create denser areas within the project affecting the visual impact of
the project.
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Criego- If we go with a PUD we can keep slopes. Where does staff fit into this?
Kansier- The Subdivision Ordinance says the developer should preserve slopes 20% or
greater. Under the PUD, the Planning Commission could say "No cut into slopes at all."
Criego- Standard route will result in wider streets, defeating the purpose of saving the
slopes. If we go PUD, then we could preserve the slopes? He is opposed to the
recommended public streets with wider right-of-way eliminating slopes.
Kansier- With a PUD, the City can place constraints to not cut into slopes at all The
Developer needs to show how to save slopes & trees.
Cramer- PUD to save slopes is a good idea. He concurs with staff. With revision to
preserve more of the slopes, CLIP is appropriate.
Stamson- Concurs with staff. PUD is not appropriate as proposed. CUP is an acceptable
alternative.
Kuykendall- Questioned public or private street connections.
Nick Pulta- Don't want public traveling on private streets. Private streets to remain
private.
Kuykendall- Why not hook up to Fremont?
Kansier- Intersection distance is an issue for connection. The City wouldn't want a
connection that close.
Kuykendall- Should go back to planning stage if PUD is desired. Can take as a CLIP or
revised plan for PUD.
Cramer- If the development is done as a CUP, with public streets, would a cul-de-sac be
required and eFuninate a build'rog?
Kansier- Yes.
Criego- If the developer proposed a CLIP, would recommc~ndation be different?
Kansier- Our specific recommendation as a CUP is unknown. Tiffs application was
reviewed as a Schematic PUD. The CUP requirements were not looked at under this
process. As a general concept and use as a townhouse development, it is acceptable.
Cramer- If CUP and public street, would it change your proposal?
Kuykendall- Motion to recommend denial of the schematic PUD as presented and suggest
the developer revisit the PUD as presented or consider a CUP as suggested by staff.
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Second by Vonhofi
Discussion:
Criego- To save slopes, a PUD is the proper procedure. Developer needs to be diligent
to save more slopes. Could be more difficult to get the number of units without PUD.
Kansier- This goes forward to Council.
Criego- Is developer willing to table?
Terry Wensmann- Wants a decision tonight. They have reviewed the alternatives, and
this is the best use of the land.
The Chair called for a vote. 5 Ayes, 0 Nays. Motion carried.
Kansier- Th/s item will be on City Council agenda on January 5th.
Herb Wensmarm- Only issue is 8 foot right~of-way.
Kansier- Doesn't meet requirements of PUD. Concept is acceptable.
B. Case #9% 114 Consider approval of a preliminary plat to be known as Red Oaks
Second Addition, for the construction of 3 single family dwellings located on a 2.42 acre
site along the west side of Breezy Point Road.
Planning Coordinator Jane Kansier presented the StaffReport dated December 8, 1998.
The purpose of this public hearing is to consider an application for a preliminary plat for
the 2.42 acre site located directly west of Breezy Point Road, south of Prior Lake, and
north of Rutledge Street. The preliminary plat is to be known as "Red Oaks Second
Addition". The applicant is Michael S. Benedict, 15380 Breezy Point Road, Prior Lake.
There is a single family home located on this property.
The site is fairly level, and contains a 0.23 acre wetland. The channel between the
wetland and the lake bed was artificially created, and is considered part of the wetland
rather than the lake. The property is zoned R-1 SD (Suburban Residential Shoreland
District). The 2010 Comprehensive Plan identifies this property as R-LMD (Urban Low
to Medium Density Residential).
The proposed plat consists of 2.42 acres to be subdivided into 3 lots for single family
dwellings, for a total density of 1.24 units per acre. This density is well below the
maximum permitted density of 3.5 units per acre.
All of the proposed lots are riparian lots. The minimum lot size for riparian lots in the R-
1 SD district is 15,000 square feet, with 90' of frontage at the front building line, and 75'
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of width at the Ordinary High Water Elevation (OHW). Overhead indicafmg building
envelopes and lot. Lots range in size from 17,583 to 28,00 square feet. All the lots meet
min'unum OHW width. Lots 2 and 3 have over 90 feet of lot width above the OHW at
the front yard setback. Lot I does not.
Sewer and water are available. The wetland was originally thought to be part of Prior
Lake, however, the DNR has declared it a wetland. The Tree Preservation Ordinance
applies. 33% of significant caliper inches to be removed for houses. 25% maximum is
allowed. A replanting plan has been submitted. Subdivision Ordinance requires two
front yard trees per lot. Cash dedication $3,000+ for park dedication is required.
Properties have paid for assessments. Storm water management and collector street fees
are required. History of property was given. The developer submitted preliminary plat
applications in 1992 & 1993. These applications were denied because of the number of
variances requested. The difference between those plats and this is all 3 lots have
frontage on a public road, the lots meet minimum lot area, no setback variances are
required.
Issues:
Lot width of Lot 1 is less than 90 feet. Building pads must be 30' from 100 year flood
elevation of wetlands. Plan shows setback from delineated wetland, not 100 year flood
elevation. There is no building pad on Lot 1 as proposed. Staff suggests Lot 1 be
eliminated or revised to meet requirements. Condition of approvah Lot 1 be eliminated,
revised landscaping plan as submitted. If lot 1 is eliminated, then landscape plan is
acceptable. Engineering comments be incorporated into the resolution as written in staff
memo.
Staffrecommends approval of the preliminary plat, subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat redesigned to meet all zoning &
subdivision requirements.
2. A revised landscaping plan showing the changes outlined in this report must be
submitted. If Lot 1 is eliminated, the landscaping plan will meet the requirements.
3. The issues outlined in the memos from the Engineering Staffdated 11/14/97 &
11/18/97, must be addressed in the final plat.
Conurfissioner Criego asked if the elimination of Lot 1 required a replat.
Kansier- Just incorporate Lot 1 into Lot 2. Existing house dictates lot line.
Public:
Bryce Huemoeller appeared on behalf of Mike Benedict. The 3 deficiencies can be
corrected and can be handled by conditions of approval. Proposed plat as drafted, with
minor correction will meet lot area and setbacks. Except setback from 100 year flood
elevation of wetland. One can fill to meet requirement of setback. Building pad can be
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filled and a retaining wall used to meet the requirement. Lack of frontage is a product of
oversight. Mike Benedict owns part of Breezy Point Road. If property was extended
and modified, it can meet that requirement. The tree issue can be complied with. He also
commented on the final plat. The grading plan has been approved by the Watershed
District. City has issued exemption for wetland fill for culverts. Variances are not
necessary. Lot sizes exceed minimum requirements. Breezy Point area consists of
substandard lots. This exceeds the lots in the area. Requests the plat be approved subject
to revised grading plan to correct the wetland setback, the lot width, and tree planting.
Public Hearing closed.
Discussion:
Kuykendall- Staff and developer should be commended. Excellent presentation. Position
of developer seems to be solution to the problem. Filling seems reasonable. Frontage
issue appears to be addressed by filling.
Kansier- It is possible to fill in the wetland area. The developer will need a permit and a
mitigation plan approved.
Kuykendall- Go north or south. There are alternatives. Supports approval subject to the
3 conditions being met.
Criego- Staff comment to 90' frontage? Can this be done?
Kansier- The developer can revise plat boundaries to potentially meet the requirements.
We would need to see the plan. Recommend the Commissioner approve the preliminary
plat with conditions.
Cramer- Attempts to resolve the issues are fair. Kuykendall's suggestion to meet the
requirements should be incorporated. If the plat is approved, does 50' setback apply?
Kansier- Plat reviewed based on current OHW setback. We can't change the OHW
setback roles for a year. They are grandfathered in for 1 year at 50' OHW setback.
Cramer- Supports plat. Issues can be addressed.
Vonhof- Supports plat with 3 provisions. This plat includes no variances which is the
exception to past plats.
Stamson- Supports staff recommendation that Lot 1 meet current ordinances.
Motion Vonhof- Recommend approval of Red Oaks 2nd Addition subject to the 3
conditions listed in the staff report.
Second by Kuykendall.
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The Chin: called for a vote. 5 Ayes, 0 Nays. Motion carded.
Kansier- This item will be considered by City Council on January 5.
C. Cases #97-107 and 97-108 Consider a proposed amendment to the City of Prior
Lake Year 2010 Comprehensive Plan and a Zone Change Request for the property
located at 4520 Tower Street.
Planning Coordinator Jane Kansier presented the staff report dated December 8, 1997.
The applicant is Stonewood Development Corp., and the owner is Neal Boderman. The
Comprehensive Plan shows this site as community retail. The applicant is requesting R-
HI) (High Density Residential). Current zoning is B-3, applicant proposes R-3. Future
development will be multi-family 3 story apartment. Number of units is unknown.
Multi-family is permitted in the R-3 zoning district. Staffhas no specific site plan.
Analysis is based on Comprehensive Plan.
The Comprehensive Plan Goals & Objectives is specific to residential, designations
include opportunities in housing, location and access. The proposed designation is
consistent with the goal to provide variety of housing and types. If the Comprehensive
Plan is amended, then zoning change is appropriate. Under current R-3, multi-family is
permitted. Under proposed, appropriate use district is R-4.
Staff recommends approval of this request.
Questions:
Stamson- Is the land to the south vacant land zoned A-1 ?
Kansier- To the south is the Windstar development, the map has not changed yet.
Cramer- Has the EDA designated this as retail or redevelopment? How does the
proposed ring road affect this parcel?
Kansier- This site is not part of Priordale Mall redevelopment or the ring road.
Public Comment:
Jeff Gustafson, Stonewood Development. We do primarily residential, but we are
currently doing commercial in Bumsville. Hired by Boderman to determ'me highest and
best use of the property. Property should be apartments due to its proximity to
commemial. The R-3 will provide a buffer between the mall and residential or other
commercial and residential. Highest and best use is apartments. If approved, our
intention is move ahead and develop the property within the next year. Maximum density
is 14 units per acre. Ideal is to get 16 units per building. Underground parking with units
above it.
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Jim Erickson, 4554 Pondview Trail, lives beh'md the property. Comprehensive Plan
provides guidance to meet needs of people. Does not think property should be amended
to meet the needs of the developer. This is a prime area for another business.
Commercial land is rare in the City. To change it would be a disservice to the City. To
remove commemial property from the tax base is not justified. Proposed plan is
inconsistent with the Comprehensive Plan. Requests the Commission recommended
denial of the Comprehensive Plan amendment. Justification to change zoning must be
consistent with Comprehensive plan. Early Learning Center was changed to be permitted
in City. Schools not permitted in commercial areas. Another apartment will cause more
problems for neighborhood. Police reports to Tower Apartments are numerous.
Kuykendall asked Mr. Erickson if he would be more comfortable with a business next to
his home than apartments.
Jim Erickson: Yes. Prefers commercial. Office. Day care closes early evening. No
disturbance to me.
Pam Prescott, 4562 Pondview. Has lived at this address for 4 months, but has been a
resident of Prior Lake for 16 years. She has seen a lot of positive residential growth.
Apartments on Franklin Trail, low income housing, duplexes, Priordale Mall is vacant.
There is a lot of police activity in the Towers neighborhood. Feels her back yard will be
a public playground for neighborhood. Land value will drop. Pr/vacy will be gone.
Children have no where to go. Suggests use of this area for senior housing, if anything.
Housing for old people who don't cause problems for neighborhood. Feels very strongly
about this.
James Guston, 4543 Pondview, Windstar property was rezoned to be consistent with
Comprehensive Plan. This is a disturbance that the plan could be an error. The City
already has apartments. Bnmet Realtor informed him that affordable income housing
will decrease the value of his property. Opposed to rezoning.
Neil Boderman, Edina, owner of Priordale Mall. Had a chance to put in a bar, but didn't.
Multi-family is a good buffer. Bar is not appropriate. Wants something downzoned from
commercial to be a buffer between commercial and residential.
Jim Erickson - would not want a bar behind the house. He lived behind the bowling alley
when it was a bar. Does not prefer bar to multi-family housing. It was not so bothersome
when it was a bowling glley. Prefers senior housing.
The public hearing was closed.
Comments from Commissioners:
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Criego- Comprehensive plan was to creme more commercial property to diversify tax
base. Wants to keep property as B-3. No need to change the zoning. If we are to change
zoning, then we should change whole street. Recommends keeping it the same zoning.
Cramer- Familiar with property and day care. Kids are escorted to bus stop. Heavy
concentration of multi-family will exaggerate existing problems. Multi-family dwellings
are not an appropriate buffer to commercial and single family. The Comprehensive Plan
and zoning should remain the same awaiting Priordale Mall outcome.
Vonhof- This is the first time residents have come forward to oppose residential land to
commercial. Vast majority of land in the City is R-1. Commercial property is at a
premium in City. Disagrees with staff recommendation.
Kuykendall- What would be allowed in B-37
Kansier- The current ordinance allows auto sales, eating & drinking establishments,
recreation, gas stations, health clubs, auto repairs as permitted uses in the B-3 district.
Kuykendall- Appreciates concem of neighbors. Developer can develop property as
needed. Land does change over time. Buffer is good, logical. In practice other valid
issues are raised. Doesn't like the ides of piece meal zoning. Neighbors probably
wouldn't like auto repair. This is one action you see. Tomorrow it could be something
else. Housing section of Comprehensive Plan addresses affordable housing. We are
ahead of the game in that. Some of those are dictated by State laws. We have to go along
with that to comply and make an effort to comply. Given that, this is not the time to
address this one request. Would like to consider the entire picture. Recommends keeping
zoning the same. In principle, accepts concept of property. Public must understand
permitted uses.
Stamson- If zoned R-3, apartments not permitted?
Kansier- If rezoned at this time, the R-4 district would be the comparable district under
new zoning ordinance.
Stamson- Comprehensive Plan is not specific (line or brash stroke). Could have been
drawn wither way. Concerned about residential taxes and commercial land availability.
No recommendation.
Kuykendall- Motion to recommend the City Council deny the Comprehensive Plan
amendment and zone change as requested.
2nd- Vonhof
Discussion:
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Kuykendall- Re-looking at commercial/Priordale area. We haven't come to grips with
what we want to look like when we grow up. Commercial development has to be looked
at. Both sides of the issue are valid. Big picture is important. Not ready to do what was
recommended by staff. Ask that the developer and neighbors come back to work out a
solution.
Criego- How much property does developer own?
Kansier- The developer owns only this site.
Jeffrey Gustafson- Does it make any difference what type of apartments? Not interested
in developing low income apartments. He has developed lots of apartments in Edina.
We do know how to build them. Senior high-rise in St. Anthony is going okay.
Kuykendall- The Developer may want to come back with a design to satisfy neighbors.
Stamson- Is the R-3 District appropriate?
Kuykendall- Yes. Buffer zone is important. Here is best and proper use of the land.
Future use of the property is incumbent upon the developer. A separate issue over and
above this request.
Criego- Developer needs to work out alternatives with neighborhood.
Jeffrey Gustafson- Can we postpone request to work with neighbors?
Kansier- Can table indefinitely if a waiver is signed.
Kuykendall- Withdraws motion.
Kuykendall- Motion to table until next meeting, December 22, 1997, unless we get a
waiver.
Second by Vonhof.
Vote taken indicated 5 Ayes, 0 Nays. Motion carded.
D. Case #97-117 Consider a Conditional Use Permit to construct a State licensed
residential facility servicing 10 persons at the property located at 5240 160th Street.
Jenni Tovar explained proposal. One of the conditions is that use is consistent with
Comprehensive Plan. The property is currently zoned R-3, but is designated for
Community Commercial on 2010 Comprehensive Land Use Plan Map. The City
Attorney has advised us to continue this item due to the upcoming zoning ordinance
which may have an effect on this property.
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Dan Saad, 14750 West Bumsville Parkway, Burnsville, operates a group home located on
Dublin Road in Prior Lake, and is coach at the Prior Lake High School. He is asking to
resolve inconsistency between Comprehensive Plan and the Zoning Ordinance, by
changing the Comprehensive Plan to R-HD.
Mr. Saad explained his current operation of group home. They have had no problems in
the community. The home is located in a residential area on Dublin Road. It has been a
great success. He is looking for property in the R-3 district to allow 7-16 residents in
group home. He has chosen this piece of property near the high school. The property is
zoned residential, but was designated Commercial on the Comprehensive Plan in 1996.
Surrounding property is R-4, high school, and commercial. The justification for change is
as follows: property is rather small, changing to R-4 would make it consistent with
surrounding area. The group home is also a business, so it has employees. Home would
fit in nicely with area. Looking for feedback from Plann/ng Commissioners. Have done
extensive work on this property, and have several letters of support. Several service clubs
have also pledged funds for the home. Other businesses have donated products. This
inconsistency came up late in the process. Asking to amend the Comprehensive Plan to
High Density Residential.
Stamson- Staffhas asked to table indefinitely to work out legalities.
Tovar- Look at the zoning map with discussion of new zoning ordinance. House
cleaning Comprehensive Plan amendments will have to be done as a result of new zoning
map. These amendments would be done after new zoning ordinance is amended.
Open Public Hearing:
Doug Boyle, 5140 150th Street, asked about the facility. Tovar explained Safe Haven
Youth is a State licensed facility for court ordered juveniles ages 8-17, ordered to live in
group home facility. Mr. Boyle said he has some experience with group homes in Sioux
City, Iowa and he doesn't want a facility a block away from him. Moved to Prior Lake to
get away from gangs and criminals. Has no problem with helping kids.
Tovar explained children are there with emotional or behavioral disorders. Police report
for existing house shows seven calls, three for runaways, two harassing phone calls to
house and other noncriminal activities.
Larry Blakeborough representing his mother who owns adjoining property was concerned
with how many residents would be allowed in R-4. Is there a buffer required between R-
I and R-4. Kansier explained buffer yard requirements.
Dallas Blakeborough also representing his mother who owns adjacent property has
already voiced concerns about safety of children. Another concern was for security. If it
is included, can there be request for a security fence. Is not advantageous to the area.
Has developer talked to neighboring people to get recommendations? She was not
notified until found in the newspaper.
R:\COUNCILhULANCOMMkMN 120897.DOC 13
Dan Saad explained incidents at existing house are very minor. Runaways went home,
but ended up back at house. Facility is set up to be a step up fi.om a foster home. The
kids are already in school. We offer a 1:5 ratio of staff to kids at facility. State requires a
1:10. Staff is all BA or MA certified. Kids are supervised when they are in the
community. Intend on going to neighbors to answer any questions. Want to work with
communities. Stamson asked if kids are coming fi.om social services rather than criminal
courts. Saad replied the goal is to get kids back to their homes whenever possible.
Kuykendall- How is program funded? Saad explained funded by a per diem fi.om Scott
County, which covers administration. Also do some fund raising to cover costs. Host
county contract is with Scott County. Other counties abide by same contract as Scott
County. Saad explained they have looked at several sites in Chaska, but could not offer
the security he can offer now. He has looked for over a year for other locations in Scott
County. He found a rental home on Dublin. Is looking in Prior Lake because of support
received in Prior Lake?
Bill Schmokel, 4151 Grainwood Cimle, is the current owner of property. Would like to
speak to process. This property was designated Commercial in June, 1996. Have had
numerous meetings with staffover past years about this property. Mr. Saad checked with
staff prior to application. When you have a conflict between the Comprehensive Plan and
the Zoning Ordinance, the City has 9 months to resolve issue. City has already exceeded
this by 5 months. Leaves City opened to liability. Quite dismayed that this type of
application can get this far.
Kuykendall asked staffto rephrase how this got here. Tovar explained criteria number 6
states use must be consistent with Comprehensive Plan. Right now attempting to change
ordinance to be consistent with Comprehensive Plan. Zoning Ordinance is catching up.
MOTION BY VONHOFF TO CONTINUE PUBLIC HEARING INDEFINITELY.
SECOND BY CRA/VIER. MOTION CARRIED 5-0.
Tovar explained new notices will be sent.
5. Old Business: 9:20 p.m.
A. Continue discussion on the zoning ordinance regarding lots in common ownership
and garages on riparian lots.
Planning Coordinator Kansier explained the Planning Commission has directed staff to
prepare some language on the issues of non-conforming lots and garages in the fi.ont
yard. The staff also addressed marinas in this report.
Kansier explained the combination of non-conforming lots. The original language has
been included. Any single family dwelling existing on a non-conforming lot which is
destroyed may be re-built within 365 days if it is otherwise in conformance with
R:\COUNCI LkPLANCOMM\MN 120897.DOC 14
ordinance. Any non-conforming lot may not be developed unless parcels are combined to
met lot requirements of the ordinance. Staff was unsure of how to change the ordinance
as per previous discussion. Some suggested language: Nonconforming lots in Shoreland
District may be combined if it meets the following standards; 75 lot width and 12,000
square feet. Staff recommends language should remain as written.
Staff also prepared some language to allow accessory structures in front of principal
structures as follows: Accessory structures may be allowed in ~ont of the principal
structure on non-conforming lots in the Shoreland District. Subject to: accessory
building meeting setbacks. Compatible in materials and design with principal structure.
No home occupation or commercial use of building. 502.71A accessory structure
provision must be met. The Planning Commission should consider effect of language.
Council has indicated they want to review zoning at the December 15, 1997 meeting.
Changes as moved have been made. These include bluff, combined side yard setbacks,
removing kennels, include marinas as conditional uses, change OHW setback to 75',
revise flood plain regulations as recommended, revised zoning map to change Boudin's
property to C-2.
The staff addressed uses in the marinas. R-2 and C-2 mar/nas are proposed as conditional
districts. Waters Edge, Green Heights, and Wagon Bridge marinas were discussed. Staff
recommends rezoning Green Heights to R42. Several conditions are also recommended,
including buffer yards, signs, lighting, public boat launching, boat tour hours, parking,
storage, retail sales, and definition of marina to be changed. Mr. Huernoeller is
requesting marinas be uses permitted with conditions, siguage be allowed, parking for
tours, outside storage can be complicated, inside storage should be allowed, outside
storage be permitted for equipment rented on site, food and dining left open.
Discussion:
Kansier- Regardless of when building was built, as long as its built at or above the flood
elevation, then it should be conforming.
Combination of non-conforming lots:
Criego- This allows any additional buildings to be put on 2 and 3 lots if they don't meet
current ordinance and owned by common owner. In the past one could sell offa lot and
build two houses. This ordinance says if you own multiple lots, those lots become one
lot, unless they meet current requirements. Lake property is valuable, majority non-
conforming. To penalize multiple lot owners is unjust because very few lots will fall into
this category. We want to maximize the property we do have, without jeopardizing the
look from the lake. 2 Lots, 100 feet, is difficult to subdivide, two 50' lots cannot be
justified and meet the intent of the ordinance. But when one has 3 or 4 or more
contiguous lots, it could be divided and be appealing. If you had 3 lots you could make 2
lots, if you have 4 lots you could make 2 lots and so on. Current ordinance says you must
have 90 feet at street side, so for non-conforming lots in multiply lots 75 street side and
R:\COUNCIL~PLANCOMM\MN 120897.DOC 1 5
12,000 sq. foot minimum is a solution to the problem, considering that the rest of the City
is 75 feet and 12,000 sq. feet. Take into account multiple properties owned by one
person.
Stamson- DNR has made it clear that they will not approve our ordinance without some
sort of lot combination. Problem for people who have been holding onto lots. 12,000 sq.
feet is reasonable as is 75 lot width.
Vonhof- Change to what is proposed. Agrees with 3 lots to combine to make 2 lots with
12,000 sq. feet and 75 feet lot frontage.
Kuykendall- What is the DNR stand on this?
Kansier- DNR rules have non-conforming lot language. 2 or more non-conforming lots
must be combined to be conforming. DNR wants this combination and has it under its
ordinances.
Kuykendall- What ifDNR does not approve it?
Rye- Then they would have to enforce it.
Kuykendall- Questions about DNR enforcement and adopted ordinance.
Rye- Clarified the DNR role.
Kuykendall- 75 feet and 12,000 square feet is a compromise. Has a problem with people
who have invested in lake property and now cannot use this as an investment
property/source of income. Can we entertain a grandfather clause.
Stamson- That would nullify the ordinance.
Kuykendallo Boat houses? Are they grandfathered? Ifa house on 75' lot bumed, you
cannot re-build without meeting this criteria. They should have a reasonable period of
time to sell and develop. Wants to be fair. Perception of property owner versus people
who are absentee owners. People who are there, on the lake, it is unfair under certain
circumstances to adopt this.
Criego- There is an ordinance in place today, that prohibits multiple units on multiple
lots. The law has been in place with a loop hole.
Kuykendall- Give them a year to sell or develop. This is fair. People who own the
property are not sensitive to what is going on. Supports concept 12,000 square feet, 75
feet lot width. Wants 1 year grace period and property owners notified.
Kansier- Difficult to notify.
R:\COLrNCiL~PLANCOMMhMN 120897. DOC
16
Vonhof- Published in paper.
Kuykendall- Oppommity to be proactive, notify people.
Rye- There are Supreme Court cases supporting lot combination.
Criego- Do we want to do this in our community?
Stamson- The DNR may have a problem with the one year grace period.
Cramer- Wasn't here when the issue was discussed. Supports the amendment.
Kuykendall- Motion to adopt draft language as proposed in staff report for section 501
with the addition of 75 feet frontage at front building setback and OH'N, lot must be
12,000 square feet above OHW, effective date is 1 year grace period fi'om adoption of
ordinance.
Criego- Suggests two motions. One to allow a 75 foot frontage and the other, for a one
year grace period for residents owning two lots.
Criego second the motion.
Vote taken signified 5 Ayes, 0 Nays. Motion carried.
Garage in front yard setback:
Cramer- In some cases, riparian lots, it makes sense. What is the alternative?
Kansier- The property owner may request a variance.
Cramer- Would staff be in favor?
Kansier- We review hardship criteria to proposal. If there is a legal building envelope,
then there are alternatives.
Cramer- Riparian lots are special. Front yard is lake side or street side is interesting as
discussed at last meeting. Conditions as proposed for materials to be consistent. No
recommendation, defer to other commissioners.
Criego- Understand intent. Long narrow lots are the issue. This language applies to any
lot irrespective whether a garage could be attached to the house. Length makes a
difference on this. Agrees with concept, but language needs to be modified. Are we
writing an ordinance for specific properties or does the variance process take this into
account? Could this meet hardship criteria? Why are we bringing this up?
Kansier- The Planning Commission asked staffto draft some language.
R:\COUNCILkPLANCOMMkMN 120897 .DOC 17
Criego- What am I overlooking?
Rye- reasonable alternative exists.
Cramer- Garage would have to be built between house and lake. On riparian lots, people
want garage on street side in front, not in back as in other parts of the city.
Rye4 Why limit to riparian lots. Equal protection. When only alternative is front yard
then it is appropriate. This is a policy question.
Stamson- Lake lots that have a legal building envelope and don't meet hardship criteria,
could put garage on lakeside. They don't want to do that, but don't meet hardship
criteria. Garages on street side for lake lots are common. Should be considered as a
variance. Does not support draft language.
Kuykendall- Neighboring properties garage is within 10' of property line. Visually
interesting. Creates character. Can be dealt with in variance situation. Worded about
garages in front of other garages. Looks bad. The example brought forward seems
reasonable, variance criteria could be met. Should be handled by variance.
Vonhof- Agrees. There are no other variances on this type of lot. Consensus to treat as a
variance. Existing language stands.
Marinas:
Included as conditional uses in R-2 and C-2 districts at last meeting.
Criego- Definition of marina is primary use?
Kansier- Yes.
Criego- Only one of the 3 are truly marinas. Wagon Bridge. Green Heights provides
slips. Waters Edge provides slips.
Kansier- That is why we changed definition.
Stamson- Questioned how Green Heights fit into the definition.
Kansier- Green Heights consists of two uses: a marina and a restaurant.
Criego- Wagon Bridge is a marina. Others lease slips and are not marinas. Green
Heights' primary use is restaurant not marina.
Stamson- Why limit to marina?
R:\COUNC IL~PLANCOMMhMN120897.DOC 18
Rye- Can consider different conditions in different zoning districts.
Kuykendall- Why combine these. There are unique situations. Why worry about these 3?
Rye- Can make them non-conforming. They are all conforming now. Mr. Huemoeller
pointed out that they will be non-conforming as the zoning issue was proposed.
Cramer- CLIP allow us latitude to control what is done at the marina.
Rye- Yes and no. The use of the property is determined with specific conditions unique
to the property.
Criego- Green Heights- if we make them R-2, now they quality as a marina with a CUP.
Now we are saying you have to have a parking spot for all slips and restaurant. So they
are non-conforming if they don't meet the requirement because they are grandfathered in.
Would not want to make slip rental a marina. Wants 2 separate definitions.
Kuykendall- How does th/s affect Wagon Bridge?
Rye- They would need to apply for CLrP.
Kansier- Existing marina is a CUP. Definition differs- it may offer supplies. Boudin's
got a variance to the definition so as not to supply services or retail. We tried to say if it
has slips and looks like a marina, then it is a marina.
Criego- In current ordinance, can have marinas in R-l, R-2 as CUP. Now we are
specifying where. Could allow in any district.
Kansier- Back to property owner renting out dock space on private dock. Exempt
association property.
Stamson- Green Height to be R-2, to be conforming? Can leave in R-1.
Criego- Can allow marinas in all zones - opposed to rezoning Green Heights. Needs a
CUP anyway.
Vonhof- Difference between R-1 and R-27
Rye- Lot size.
Cramer- Can we state any conditions in CUP?
Rye- Danger is anticipating problems. With them written down, there is recourse.
Kuykendall- Public owned land. City Marina?
R:\COUNCIL~PLANCOMMhMN 120897.DOC 1 0
Rye- City is bound by its own ordinance pertaining to land use. For example,
Maintenance building required a CUP.
Criego- CUP can be reviewed yearly?
Vonhof- Recommend CUP in R-l, R-2 and C-2.
Vonhof- Motion to add marinas in R-1.
Second by Kuykendall.
Vote taken signified 5 Ayes, 0 Nays. Motion carded.
Condition to place on Marinas:
Stamson- Parking and storage of boats is Commercial district. Some storage is OK.
Criego- Be practical with what we have.
Vonhof- Public storage is not good.
Rye- Prohibition against storage is difficult.
Kansier- Clarified if marina owns boats, they can store them. However, they cannot
provide public storage.
Criego- On site parking is good. 1 for 1 ratio? On weekends it is appropriate.
Kuykendall- Based on peak period?
Rye- No.
Vonhof- Not all boats are used at same time.
Kuykendall- What is this ratio based on? Green Heights is not enforceable.
Stamson~ Multiple uses require parking for each use.
Kansier- There is no current standard for parking, but the ordinance should include one.
Kuykendall- Suggested 1 stall for 10 boats.
Vonhof- On site parking shall be appropriate for the number of slips. Each situation will
be different. We need regulation, but a determination must be made at the time.
Criego- Nothing is going to come forward, unless they expand.
R:\COUNC1LkPLANCOMM~MN 120897.DOC 2 0
Vonhof- Wagon Bridge has already expanded. Need to be prepared.
Stamson- For tour boats, one parking space for four seats on the boat.
The Planning Commissioners agreed Buffer Yards should be included.
Stamson- Signs are permitted in commercial districts. Consensus on sign ordinance as
exists.
Criego- Boat sales.
Stamson- Retail sales. Drop boats, water crafts, and recreation equipment fi.om retail
sales. Do not want sales in residential districts.
Criego- These are conditions.
Stamson- Can we limited such sales?
Kansier- Signs and parking can regulate retail sales.
Vonhof- If you rent a boat and they sell them, no one even knows. It is not a big deal.
Congruent with the use.
Stamson- Changed mind to include retail sales as in memo.
Public Boat Launching:
Kuykendall- Why eliminate launching?
Kansier- Launching creates problems for parking and trailer storage.
Kuykendall- Drop boats and park trailers at home.
Criego- Fine the way it is. Cannot regulate who lives on the lake.
Hours of operation and definition - okay.
Stamson- Address specific slips and tours at CUP review.
Criego- Slips rather than use.
Vonhof- Slips are fine.
Vonhof- Motion to adopt conditions as amended for marina conditions as previously
stated.
R:\COUNCIL~PLANCOMMWIN 120897.DOC
21
Second by Stamson.
Vote taken signified 5 Ayes, 0 Nays. Motion carried.
Criego- Safe Haven property. Has no problem with changing property to R-3.
Rye -Commercial to the north, residential to the east. Pending building permit on
property to the north.
Cramer- Is the property really buildable with setbacks?
Rye- It is close. 23,000 sq. feet, could be a commercial use.
Stamson- Currently zoned R-3.
Rye- Recommend change in zoning to R-4, revisit Comprehensive Plan.
Criego- Motion to change the proposed zoning ordinance map at 5240 160th street to R-
4.
Second by Vonhof.
Vote taken signified 5 Ayes, 0 Nays. Motion carried.
Criego- Direct staff to prepare public hearing for Comprehensive Plan amendment for
5240 160th Street.
Criego- Prior Lake downtown district zoned C43. C-3 does not permit liquor license.
Downtown Prior Lake should have restaurant and liquor.
Rye- This is an oversight.
Criego- Motion to add restaurant with liquor as CUP in downtown area.
Second by Vonhof.
Vote taken signified 5 Ayes, 0 Nays. Motion carried.
Discussion between Marv Mirsch and Don Rye regarding clarification on 507 p. 59, and
appeals of non-conforming uses and structures.
Criego- Does staff have any other things we should do?
R:\COUNCIL~PLANCOMM~vlN i 20897.DOC 22
Rye- City Council held a workshop on the Zoning Issues. Issue of Building Chapter of
the Code, architectural style of houses. There were other issues that will come back to
Planning Commission.
Kuykendall- Bluff. Wes Mader brought up refemng to engineers design. Minnetonka's
provision allows for engineer's design. Licensed engineers should be able to come up
with a standard.
Rye- Council does not want houses in the lake. Does not want to relax the bluffsetbacks.
Kuykendall- Get engineers approval.
Criego- Without revising the ordinance. Ordinance be met and an engineer sign offon
the house to insure stability.
Rye- They want staffto consult with an engineer to find applicable standards to insure the
maximum degree of protection for structures on slopes. Individual determination on a lot
may be the result. Council wants to revisit.
Kuykendall- Wants to reduce setback with engineers approval.
Rye- Their concern is to insure the maximum degree of protection.
Stamson- DNR intent is not just engineering. It is also aesthetic.
MOTION VONHOF, SECOND BY KUYKENDALL, TO RECOMMEND TO
FORWARD TO CITY COUNCIL THE ZONING ORDINANCE DRAFT AS
AMENDED WITH ADDITION, CORRECTION, INCLUDING THE MAP.
5 Ayes, 0 Nays.
6. New Business:
A. Planning Commission Bylaw changes for 1998.
None proposed.
7. Announcements and Correspondence:
Criego- Discussed last Monday's Downtown Steering Committee meeting. Round table
discussion on vision of downtown. Consensus is to connect park to city proper. City
proper needs a faceliR with residential properties associated with it, should have a
commnnity center with open space. A discussion on connection Priordale Mall. A lot of
discussion on where this library should be. Close to pond for view? Money for land,
library on public land. Keep to city proper with trail to park. Interest is picking up.
Chanhassen developer- 15 years and kept to the vision. Long term interest and natural
R:\COLrNCIL~PLANCOMMhMN 120897.DOC 23
circumstances- Theater and land brought people downtown. Downtown density is key
factor.
Rye- Paul Hokeness, Frank Boyles and Don Rye are meeting with architect to flush out
those issues. Bill Jaffa from Scott County HRA, talked about Shakopee project mixed
use.
Stamson- EDA meeting with developer and grocery store. Theater in Lakeville next to
McStop. No residential within a mile.
Jan 5 is next Steering Committee.
8. Adjournment:
Motion by Vonhof, second by Kuykendall to adjourn.
5 Ayes, 0 Nays.
The meeting adjourned at 11:30 p.m.
R:\COUNCILkPLANCOMM~MN 120897.DOC
24
PLANNING REPORT
AGENDAITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4A
CONSIDER REAR YARD SETBACK VARIANCE FOR
PROPERTY ABUTTING RESIDENTIAL PROPERTY
AND BERM SLOPE FOR BURDICK PROPERTIES,
Case File #97-132
14162 COMMERCE AVENUE AND 14180 COMMERCE
AVENUE
JENNI TOVAR, PLANNER
DON RYE, PLANNING DIRECTOR
YES X NO
JANUARY 12, 1998
INTRODUCTION:
The requested variances relate to two existing commercial properties located on
Commerce Avenue. 14180 Commerce Avenue was built in 1994 and 14162
Commerce Avenue was built in 1997. The following variances are being applied
for at the respective addresses:
14162 COMMERCE AVENUE:
A 2 foot variance to permit a rear yard setback adjacent to property
zoned residential of 58.00 feet rather than the required 60 feet for
existing building; and
A 2 foot variance to permit a fence height of 8.00 feet rather than the
maximum allowed 6 foot height for additional screening between the
adjacent residential properties; and
A variance to permit an enlarged berm height and slopes greater than 3:1
for additional screening between the adjacent residential properties.
14180 COMMERCE AVENUE:
A 2.7 foot variance to permit a rear yard setback adjacent to property
zoned residential of 57.30 feet rather than the required 60 feet for
existing building; and
L:\97FILES\97VAR\97-132\97-132PC.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNII~ EMPLOYER
A 43.7 foot variance to permit a rear yard setback adjacent to property
zoned residential of 16.3 feet rather than the required 60 feet for an
existing trash enclosure; and
A 2 foot variance to permit a fence height of 8.00 feet rather than the
maximum allowed 6 foot height for additional screening between the
adjacent residential properties; and
A variance to permit an enlarged berm height and slopes greater than 3:1
for additional screening between the adjacent residential properties.
DISCUSSION:
The lots are located in the subdivision known as James 1st Addition (1981). The
properties are located within the B-1 (Limited Business) district. The following
setbacks apply:
· 25 feet
· 25 feet
· 10 feet
· 60 feet
· 20 feet
Front Yard (Section 4.2 Zoning Ordinance)
Rear Yard (Section 4.2 Zoning Ordinance)
Side Yard (Section 4.2 Zoning Ordinance)
Structure Abutting Residential (Section 4.1 D Zoning Ordinance)
Parking Abutting Residential (Section 4.1 D Zoning Ordinance)
14162 Commerce Avenue is 9,350 square feet with 37 parking stalls required
(Exhibit A). The site has 37 stalls. There is no undeveloped land where the
trash enclosure can be relocated. Building Permit #97-274 was issued after the
site plan was approved by the Development Review Committee (DRC). The
approved plans indicate a 60 foot setback to the face of the building. However,
the as built survey (Exhibit B) indicates a utility area was constructed on the west
side of the building without prior approval from the city. The bump-out on the
north end of the building encroaches two feet into the required 60 foot setback
from the residential property to the west. Therefore, a 2 foot variance is being
requested.
14180 Commerce Avenue (Exhibit C) is 10,400 square feet with 42 parking stalls
required if the building is used entirely as office use (1 stall per 250 square feet).
With the recently added parking to the west (rear of building), the site has 51
parking stalls. If the use changes to entirely retail, then the parking requirement
will be 52 spaces (1 stall per 200 sq. feet of retail space). Current uses are
professional offices and a day-care. Considering that retail uses are permitted,
the entire building could be used for retail activities and then there would not be
enough parking on the lot. The approved plans indicate a 59 foot setback to the
face of the building on the west side, adjacent to the residential properties.
However, the as built survey (Exhibit D) indicates a utility area was constructed
on the west side of the building without prior approval from the city. The 2.5 foot
L:\97FILES\97VAR\97-132\97-132 PC.DOC
Page 2
bump-out on the south end of the building encroaches into the required 60 foot
setback from the residential property to the west. Therefore, a 2.7 foot variance
for the principal structure is being requested.
The trash enclosure (14180 Commeme Avenue) was constructed on the lot in
1994 and expanded in 1997 to accommodate the recently constructed building at
14162 Commerce Avenue. The city approved the construction of the trash
enclosure and addition in error. The trash enclosure is located 16.3 feet from the
west property line abutting residential. The required setback is 60 feet.
Therefore, a 43.7 foot vadance is being requested for the trash enclosure.
The applicant is also requesting a variance to fence height to allow for increased
screening between the commercial uses and the adjacent residential uses.
Zoning Ordinance Section 6.11 C and 6.11 E allow for a maximum fence height
of 6 feet. The applicant is requesting a fence height of 8 feet. The applicant has
also met with the adjacent residential property owners in an attempt to resolve
the ongoing screening issue.
City Code Section 6.10 H allows for a maximum slope of a berm to be 3:1. As
part of the screening of the adjacent residential areas, the applicant is requesting
a variance to the slope of the berm. As of yet, staff has not received the
specification on the proposed slope as indicated in the variance application.
Staff recommends the Planning Commission continue this specific request until
specifics are submitted to the Planning Department.
VARIANCE HARDSHIPSTANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. In this case, the lots and structures are
existing. As indicated by the building envelopes and given the minimum
parking requirements, there are no reasonable legal alternatives for
relocating any of the structures. The applicant contends literal enforcement
of the ordinance with respect to the fence height will result in undue hardship
to the adjacent residential properties.
2. Such unnecessary hardship results because of circumstances unique
to the property.
There are unique circumstances in this case. The structures on the lots are
existing. The commercial property is adjacent to residential property and
some of the adjacent residential properties slope down toward the
commercial property making effective screening difficult to achieve.
L:\97FILES\97VAR\97-132\97-132PC.DOC Page 3
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
The lots are built to a maximum capacity considering building setbacks and
parking requirements, There is not open area to relocate the trash enclosure
on either lot. The increased height of the fence is due to the existing grades
of the commercial and residential properties and the need to provide
additional screening between the two. The hardship is caused by the
previous applications of the provisions of the Ordinance and existing
conditions. It is not the result of proposed conditions that can be changed by
the applicant.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The granting of the combined requested variances can meet the intent of the
Ordinance and be in the public interest. The spirit and intent of the setback
from residential properties can be protected with the increased fence height
and additional landscaping. The granting of such variance is not contrary to
the public interest, as the setback variances are small and there will be
increased screening.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
Staff has concluded the hardship criteda have been met, considering the
structures are existing and both sites are at maximum build out with respect to
parking and setbacks. Due to lack of pertinent information the variance request
to berm slope should be continued.
ACTION REQUIRED:
A motion adopting Resolutions 98-01PC and 98-02PC and a separate motion
continuing the variance request to slope of berm.
L:\97FILE S\97VAR\97-132\97-132PC.DOC
Page 4
RESOLUTION 98-01PC
A 2.7 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK
ADJACENT TO PROPERTY ZONED RESIDENTIAL OF 57.30 FEET
RATHER THAN THE REQUIRED 60 FEET FOR EXISTING BUILDING
AND A 43.7 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK
ADJACENT TO PROPERTY ZONED RESIDENTIAL OF 16.3 FEET
RATHER THAN THE REQUIRED 60 FEET FOR AN EXISTING TRASH
ENCLOSURE AND A 2 FOOT VARIANCE TO PERMIT A FENCE
HEIGHT OF 8.00 FEET RATHER THAN THE MAXIMUM ALLOWED 6
FOOT HEIGHT FOR ADDITIONAL SCREENING BETWEEN THE
ADJACENT RESIDENTIAL PROPERTIES ON PROPERTY LOCATED
AT 14180 COMMERCE AVENUE FOR BURDICK PROPERTIES.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Burdick Properties has applied for variances from Section 5-4-1, 5-4-1 E, and 5-5-10
H and 5-5-I 1 E of the City Code on property located in the B-1 (Limited Business
District at the following location, to wit;
14180 Commerce Avenue, legally described as Lot 4, Block 1, James 1st
Addition, Scott County, MN.
1. The Board of Adjustment has reviewed the application for variances as contained ~n
Case #97-132 and held heatings thereon on January 12, 1998.
The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
3. The structure on the lot exists and the lot is built to capacity in terms of building
setbacks and parking.
The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, and is necessary to alleviate demonstrable hardship as
no reasonable alternatives exist.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLOYER
5. The contents of Planning Case 97-132 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year fi.om the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variances for 14180 Commerce Avenue, legally described as Lot 4, Block 1,
James 1st Addition, Scott County, MN, as shown in Exhibit D;
1. A 2.7 foot variance to permit a rear yard setback adjacent to property zoned
residential of 57.30 feet rather than the required 60 feet for existing building.
2. A 43.7 foot variance to permit a rear yard setback adjacent to property zoned
residential of 16.3 feet rather than the required 60 feet for an existing trash
enclosure.
3. A 2 foot variance to permit a fence height of 8.00 feet rather than the
maximum allowed 6 foot height for additional screening between the adjacent
residential properties on property.
The approval of the variances is contingent upon the following conditions:
A certified copy of the variance shall be filed with the County Recorder of Scott
County by the applicant within 60 days of granting of this variance or by March 12,
1998. A copy of the recorded resolution shall be delivered to the Zoning Officer as
evidence of satisfying this requirement.
Adopted by the Board of Adjustment on January 12, 1998.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
l:\97var\97-132\98-01PCre.doc
RESOLUTION 98o02PC
A RESOLUTION APPROVING A 2 FOOT VARIANCE TO PERMIT A
REAR YARD SETBACK ADJACENT TO PROPERTY ZONED
RESIDENTIAL OF 58.00 FEET RATHER THAN THE REQUIRED 60
FEET FOR EXISTING BUILDING AND A 2 FOOT VARIANCE TO
PERMIT A FENCE HEIGHT OF 8.00 FEET RATHER THAN THE
MAXIMUM ALLOWED 6 FOOT HEIGHT FOR ADDITIONAL
SCREENING BETWEEN THE ADJACENT RESIDENTIAL
PROPERTIES ON PROPERTY LOCATED AT 14162 COMMERCE
AVENUE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Burdick Properties has applied for variances from Section 5-4-1, 5-4-1 E, and 5-5-10
H and 5-5-11 E of the City Code on property located in the B-1 (Limited Business)
District at the following location, to wit;
14162 Commerce Avenue, legally described as Lot 3, Block 1, James 1st
Addition, Scott County, MN;
1. The Board of Adjustment has reviewed the application for variances as contained in
Case//97-132 and held heatings thereon on January I2, 1998.
2. The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
3. The structures on the lot exists and the lot is built to capacity in terms of setbacks and
parking.
4. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property fight of the applicant. The variances will not serve merely as a
convenience to the applicants, and is necessapj to alleviate demonstrable hardship as
no reasonable alternatives exist.
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The contents of Planning Case 97-132 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variances for 14162 Commerce Avenue, legally described as Lot 3, Block 1,
James 1st Addition, Scott County, MN, as shown in Exhibit B;
A resolution approving a 2 foot variance to permit a rear yard setback
adjacent to property zoned residential of 58.00 feet rather than the required
60 feet for existing building.
A 2 foot variance to permit a fence height of 8.00 feet rather than the
maximum allowed 6 foot height for additional screening between the
adjacent residential properties.
The approval of the variances is contingent upon the following conditions:
A certified copy of the variance shall be filed with the County Recorder of Scott
County by the applicant within 60 days of granting of this variance or by March 12,
1998. A copy of the recorded resolution shall be delivered to the Zoning Officer as
evidence of satisfying this requirement.
Adopted by the Board of Adjustment on January 12, I998.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
L:\97FILES\97VAR\97-132\98-02PC.DOC
EXHIBIT A
E!O,O0' NOO' ~E'5,S'W
3UIL]~ING
NEW
N E R C E A V E N U E
DELMAR H. SCHWANZ
SURVEYOR'S CERTIFfCATE
60,/
/ /
-- EXHIBIT C
R C E
III
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EXISTING BUILDING
4
EXHIBIT C ~o~,"1~,,',~ C~d{~J '~ Ic~-,~
PAGE 2
EXISTING BUILDING
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DELMAR H.
SCHWANZ
EXHIBIT D
12-01797
Planning Case File
Property Identification
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application:
[] Rezoning, from (present zonin_~
to (oroposed znnin_~l
[] Amendment to City Code, Comp. Plan or City Ordinance
[] 8ubdivksinn of Land
[] Administrative Subdivision
[] Conditional Use Permit
[] Other:
Brief description of proposed project (attach additional
si
See attached Exhibit "A".
Applicable Ordinance 5ecnontsj:
Applicant(s): Burdick Properties, Inc.
Address: 684 Excelsior Boulevard, Excelsior, MN 55331
I-Iota e Phone: Vgork Phone: 474 - 5243
Property Owner(s) ~fdifferent from Applicants]: B.C. Burdick
Address: 4930 Meadville Street, Excelsior, MN 55331
HomePhone: 474-3796 WorkPhone: 474-5243
Type of Ownership: Fee ~ Contract for Deed__Purchase Agreement
Legal Description of Property (Ar~ach a copy if there is not enough space on this sheet):
Lot 3 and Lot 4, Block 1, James First Addition, Scott County, Minnesota
Commonly Known as 14180 and 14162 Commerce Avenue, Prior Lake, MN 55372
By
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
~3puPlications will not beprocessed until deemed complete by the Planning Director or assignee.
RDICK~ ,---r- . ~PROPE~-~IES' INC.~
Applicant's Sign~t(~.-.~, Br~'ar~ B~urdick / Date
Fee Owner's ~ignarure, B.C. Burdick Date
THIS SPACE TO BE FILLED IN BY THE PLANNhNG DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPROVED DENIED I/Io~/'~ ~ DATE OF HEAtLEN'G
CITY COUNCIL APPROVED DENIED DATE OF FlEA_KING
COND[TIONS:
Signature of Planning Director or Designee
[u-app2.doc
EXHIBIT "A"
BRIEF DESCRIPTION OF PROPOSED PROJECT
Applicant is the owner of 14162 and 14180 Commerce Avenue,
Prior Lake, Minnesota, which each are host to one office building.
Prior Lake Code requires screening along the rear lot line of the
property in favor of neighboring residential properties (Section
6.10G and 6.liB, C, and F). Prior Lake Code Section 4.1D requires
a 60-foot setback for any rear yard abutting any R District. In
addition, the building trash enclosure must be screened 6.10G.
Variances Required:
1. Trash Enclosure.
The buildings in question are serviced by a brick trash
enclosure built under City building permit in 1994 and
expanded under City building permit in 1997. The trash
enclosure is 16.5 feet from the rear lot line of 14180
Commerce Avenue. A variance to Section 4.1D is necessary to
permit the trash enclosure as a lawful conforming use.
2. Buildinq Encroachment 14180 Commerce Avenue.
Survey of the building at 14180 Commerce Avenue (Lot 4, Block
1, James First Addition, Scott County, Minnesota) as built,
shows that it encroaches on the required 60-foot setback at
the building's southwesterly corner 0.2 feet along the rear
wall and an additional projection of 2.5 feet (total
encroachment 2.7 feet) into the rear yard setback to
accommodate brick facing/ screening of electrical utilities.
A variance to Section 4.1D of 2.7 feet at the southwesterly
corner is necessary to permit the building as lawful
confirming use.
3. Buildinq Encroachment 14162 Commerce Avenue.
A survey of the building at 14162 Commerce Avenue (Lot 3,
Block 1, James First Addition, Scott County, Minnesota), as
built shows that its rear brick wall is in conformance with
the 60-foot rear yard setback, however, the brick
facing/screening around the electrical utilities at the
northwest building corner encroaches two (2.0) feet into the
required 60-foot rear yard setback. A variance to Prior Lake
Code Section 4.1D of 2.0 feet is necessary to permit the
building as lawful conforming uses.
4. Screeninq.
The Prior Lake Code Section 6.10G and 6.1lB require screening
of adjacent residential properties. The neighbors on Timothy
Avenue have requested:
a) An 8-foot fence; and
b) Increased berm height as part of the required
screening.
2
Variances will be necessary to Prior Lake Code sections 6.10G,
6.10H and 6.11C to permit an 8-foot fence and enlarged berm
height and slopes greater than permitted if the landscaping
plan is to be implemented. Exact specification will be
forthcoming.
Applicable Ordinance Sections.
Section 4.1D; 6.10G; 6.10H; 6.11C.
3
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES AT 14162 COMMERCE
AVENUE:
A 2 FOOT VARIANCE TO PERMITA REAR YARD SETBACKADJACENT TO PROPERTY
ZONED RESIDENTIAL OF 88.00 FEET RATHER THAN THE REQUIRED 60 FEET FOR
EXISTING BUILDING; AND
A 2 FOOT VARIANCE TO PERMIT A FENCE HEIGHT OF 8.00 FEET RATHER THAN THE
MAXIMUM ALLOWED 6 FOOT HEIGHT FOR ADDITIONAL SCREENING BETWEEN THE
ADJACENT RESIDENTIAL PROPERTIES.
A VARIANCE TO PERMITAN ENLARGED BERM HEIGHTAND SLOPES GREATER THAN
3:1 FOR ADDITIONAL SCREENING BETWEEN THE ADJACENT RESIDENTIAL
PROPERTIES.
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCES AT 14180 COMMERCE
AVENUE:
A 2.7 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK ADJACENT TO PROPERTY
ZONED RESIDENTIAL OF 57.30 FEET RATHER THAN THE REQUIRED 60 FEET FOR
EXISTING BUILDING; AND
A 43. 7 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK ADJACENT TO PROPERTY
ZONED RESIDENTIAL OF 16.3 FEET RATHER THAN THE REQUIRED 60 FEET FOR AN
EXISTING TRASH ENCLOSURE.
A 2 FOOT VARIANCE TO PERMIT A FENCE HEIGHT OF 8.00 FEET RATHER THAN THE
MAXIMUM ALLOWED 6 FOOT HEIGHT FOR ADDITIONAL SCREENING BETWEEN THE
ADJACENT RESIDENTIAL PROPERTIES; AND
A VARIANCE TO PERMITAN ENLARGED BERM HEIGHTAND SLOPES GREATER THAN
3:1 FOR ADDITIONAL SCREENING BETWEEN THE ADJACENT RESIDENTIAL
PROPERTIES.
FOR EXISTING BUILDINGS AND ACCESSORY STRUCTURE ON PROPERTY LOCATED IN THE B-1
(LIMITED BUSINESS) DISTRICT IDENTIFIED AS 14180 COMMERCE AVENUE AND 14162 COMMERCE
AVENUE.
You are hereby notified that the Prior Lake Planning Commission will hold a headng at Prior Lake Fire
Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish Point
Road), on: Monday, January 12, 1998, at 6:30 p.m. or as soon thereafter as possible.
APPLICANTS:
Burdick Properties
684 Excelsior Blvd.
Excelsior, MN 55331
PROPERTY
OWNERS:
B.C. Burdick
4930 Meadville St.
Excelsior, MN 55331
SUBJECT SITE:
14180 Commerce Avenue, legally described as Lot 4, Block 1, James 1st
Addition AND 14162 Commerce Avenue, legally described as Lot 3, Block 1,
James 1st Addition, Scott County, MN.
L:\97FILES\97VAR\97-132\97132PN.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372 1714 / Ph, (612) 447 4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
REQUEST: The applicants are requesting the variances to make the existing buildings
conforming and to permit additional screening from the adjacent residential
properties.
The Planning Commission will review the proposed construction and requested variance against the
following criteria found in the Zoning Ordinance,
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
properbj.
2. Such unnecessary hardship results because of circumstances unique to the property.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of
persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and
is not contrary to the public interest.
If you are interested in this issue, you should attend the hearing. Questions related to this hearing should
be directed to the Pdor Lake Planning Department by calling 447-4230 between the hours of 8:00 a,m. and
4:30 p.m, Monday through Friday, The Planning Commission will accept oral and/or written comments.
Oral or written comments should relate to how the proposed construction and requested variances are or
are not consistent with the above-listed criteria,
Prior Lake Planning Commission
Date Mailed: December 31, 1997
L:\97FILES\97VAR\97-132\97132P N.DOC 2
DELMAR H.
SCHWANZ
t83/55
~.9709
B9722
DELMAR H. SCHWANZ
This drawing sho~ the west mil
Ibrick face} of %he recently
co~s~'u~ building on Lot 3,
/ / /
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4B
CONSIDER SIDE YARD SETBACK VARIANCE, FOR
DAVE YEARLING AND KARLYNN BENSON
(Case File #97-126)
16520 INGUADONA BEACH CIRC. J..E
JENNITOVAR, PLANNER ..~l~
DONALD R. RYE, PLANNING DIRECTOR
YES X NO
JANUARY 12, 1998
INTRODUCTION:
On October 28, 1996 the Planning Commission approved a 7 foot front yard
setback variance for Dave Yearling and Karlynn Benson, to allow a front yard
setback of 18 feet rather than the required 25 feet for a proposed garage and
residential addition. Resolution 96-35PC is attached. Please note the time
period to obtain necessary permits expired on October 28, 1997. Upon request
of the applicant, on December 15, 1997 the City Council granted a 90 day
extension to allow the applicant until January 28, 1998 to obtain the necessary
building permits for the project.
The ground level of the proposed addition will be a garage and the upper level
will be living space consisting of a bedroom and bathroom. The living area of the
addition will be attached to the existing structure over the front entry. Attached is
the staff report including the site plan for Variance #96-098.
On November 11, 1997 the city received a building permit application for the
proposed addition. The survey indicated a 24 foot wide garage with an 8 foot
side yard setback. This is different from Exhibit A of Resolution 96-35PC which
indicates a 22 foot wide garage with a 10 foot side yard setback.
DISCUSSION:
The applicant contends that the change was brought up at the Planning
Commission meeting on October 28, 1996 and was given approval to make the
change. Attached is a transcription of the discussion. Page 3 indicates the
applicant pointed this out. Discussion by the Planning Commission specifically
raised the question of the necessity for a side yard setback variance. Further
L:\97FILES\97VAR\97-126\97-126PC.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
discussion indicates that staff was under the impression that this is a
substandard lot. This conclusion was made using the width at the front property
line. This is 80.6 feet. The required front lot width for R-1 SD riparian lots is 90
feet. The actual lot width is determined at the front yard setback. Due to the pie
shaped lot, this scales out to be 104.5 feet. Therefore, the lot is not substandard
as originally thought and the required side yard setback is 10 feet on both sides.
The applicant is requesting a 2 foot side yard setback variance to allow the
project to proceed as planned. Based on the outcome of the October 28, 1996
Planning Commission meeting, the applicant had revised all plans for a 24 foot
garage and was proceeding as approved and discussed on October 28, 1996 at
the Planning Commission meeting. The reasoning for the delay in applying for a
building permit were delays in obtaining financing for the project.
The applicant contends that the misunderstanding by staff on the determination
of a substandard lot and the approval of the vadance by the Planning
Commission knowing the garage would be 24 feet wide is hardship to grant the
side yard setback variance. The applicant would have asked for a side yard
setback variance at the time, if that what was necessary.
CONCLUSION
While it is impossible to determine if the Planning Commission would have
granted a side yard setback variance in the past, the approval of the front yard
setback indicates that there is hardship with respect to the property. The
Planning Commission has the option of amending Resolution 96-35PC to include
a 2 foot side yard setback to permit an 8 foot side yard setback for the proposed
24 foot garage. In this case, the hardship criteria are the same as those to
approve the front yard setback variance based on the required setbacks in effect
at that time.
ALTERNATIVES:
1. Approve the variance amendment as requested by the applicant, or approve
any variances the Planning Commission deems appropriate in the
circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
The staff has concluded the misunderstanding of the substandard lot, existing
size and the physical characteristics of the lot are rationale outside of the
L:\97 FiLES\97VAR\97-126\97-126PC.DOC Page 2
applicants' control to warrant the addendum to Resolution 96-35PC. Staff
recommends Alternative No. 1 with no additional conditions.
ACTION REQUIRED:
A motion amending Resolution 96-35PC as follows:
· Insert into the heading after 25 feet: AND A 2 FOOT SIDE YARD SETBACK
VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8 FEET RATHER
THAN THE REQUIRED 10 FEET...
· Under findings #2 ADD after October 28, 1996: and on January 12, 1998 to
amend the variance request.
· Insert under heading of CONCLUSION: 2. A 2 foot side yard setback
variance permitting a side yard setback of 8 feet rather the required side yard
setback of 10 feet.
· Under terms and conditions insert after Exhibit A: as amended on January
12, 1998.
· Insert amended date of January 12, 1998 after the original approval date of
October 28, 1996.
A copy of Amended Resolution 96-35PC is attached to this report.
L:\97FILES\97VAR\97-126~97-126PC.DOC
Page 3
AMENDED RESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET AND A 2 FOOT SIDE YARD
SETBACK VARAINCE TO PERMTI A SIDE YARD SETBACK OF 8 FEET
RATHER THAN THE REQUIRED 10 FEET FOR A PROPOSED GARAGE AND
RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing single family dwelling on property located in the R-1 (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from said
Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
mnn~ng thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West
half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County,
MN.
The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held hearings thereon on October 28, 1996, and on Janaury 12,
1998.
The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
1:\96 files\96var\96-098vah's9635 am. doc
16200 Ea§le Creek Ave. S.E., Prior lake, Minnesota 55372-1714 / Pr. (612) 447-4230 / Fax (612) 4~7-4245
AN EQUAL OPPORTUNITY EMPLOYER
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
addition without this variance.
The contents of Planning Case 96-098 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed residential addition with garage;
1. A vahance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot setback.
2. A 2 foot side yard setback variance permitting a side yard setback of 8 feet rather than
the required side yard setback of 10 feet.
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A, as amended on
January 12, 1998.
Adopted by the Board of Adjustment on October 28, 1996.
Amended by the Board of Adjustment on January 12, 1998.
Tony Stamson, Chair
l:\96files\96var\96-098vaXrs9635 am. doc 2
ATTEST:
Donald R. Rye, Planning Director
l:\96files\96var\96-O98vaXrs9635am.doc 3
AMENDED EXHIBIT
cIRCLE
i [l~' FEET
1 inch = '2~,-'
JOB
TRANSCRIPTION OF PLANNING COMMISSION MEETING
OCTOBER 28, 1996
4. Public Hearings:
A. CASE #96-098 KELVIN RETI'ERATH IS REQUESTING A VARIANCE TO PERMIT A
FRONT YARD SETBACK OF 18.00 FEET RATHER THAN THE REQUIRED 25 FEET FOR
THE CONSTRUCTION OF A RESIDENTIAL ADDITION ON PROPERTY LOCATED IN
~ R-1 (URBAN RESDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY)
DISTRICT DENTIFIED AS 16520 INGUADONA BEACH CIRCLE.
Planner Jenni Tovar presented the staff report dated October 28, 1997.
Tovar:
The applicants are David Yearling and Karlyrm Benson, and they are
proposing an addition to the current residential structure that was built in
1900. And this property was built on lnguadona Beach Circle and located
on the circle them. Just to show you where we're at. This survey shows
the addition to be 18 feet from the fight of way. And they are requesting
that the garage setback be 18 feet from the fight-of-way ...inaudible ...
because it is located on the curb, the building envelope is kind of out of
shape. You can see that their current house is approaching into the
setback. If it were constructed the ...inaudible... the garage on the lower
level and the master bedroom and bath. It would have to be setback 25
feet which would push them back all the way to here. To make a
connection to their existing home which would be above the entry way
here. The garage and the addition would extend to here.
Criego:
Would you repeat that? Say that again.
Tovar:
Right here? Up front here is the bath and then here would be the access
point into their current existing structure so the upstairs into their current
house to get to their proposed addition. They are proposing that the access
point be over the entry way. The building envelope ...inaudible ... access
would go here. It limits the size the garage can be on the lower level.
Criego:
And why is that? Why is it limited?
Tovar:
One is bigger than the other. If they go back to where they are supposed
to be...the top of the survey is a smaller scale than the other one...Out of
the rear deck setback encroaching into...
Criego:
Are you suggesting they would be within the 75 feet of the lake shore?
Tovar: Right.
Criego: The 904?
L:\97FILES\97VAR\97-126\ [ 02896MN.DOC
Tovar:
Criego:
Tovar:
Criego:
Retterath:
I see. Okay.
And because the existing structure is already setback 17.7 feet. We also, if
you look at the proposed addition. Because of the curve they are on. It
will visually line up with the existing structure and the other
properties...inaudible.
Lets go over some of the hardships quick. The size of the lot is kind of
odd being that is located on the comer of the road. Where they can place
their addition and have access to it on their existing structure and no fault
of theirs. The existing house is already encroaching onto the setbacks.
Which again is no fault of theirs. Their lot is a substandard lot to begin
with and it does not have the 80 feet of frontage that all the new lots
require. Staffis recommending that you approve the variance because the
size and physical characteristics are hardships outside the applicant's
control. I'll stand for any questions.
Would the applicant care to make any comments at this time? Could you
state your name and address?
Kelvin Retterath, and I live at 2618 Grove Lane, in Mound, and I have
been hired by David Yearling and Karlynn. I believe in your packages
you have a copy of the elevations, the exterior elevations. It was, when I
first ran into this problem, the existing of the house is a story and a half
and we maintain that, I was looking to maintain the image, kind of
duplicating the house and try to minimize the impact on the street side
with the form so it meant for me that would slope down to the garage
doors and so we're looking at a two-story structure on the street side.
Inaudible ..So which to maintain the scale of the garage and the house and
to fit the function the clients were interested in. That is to accommodate
three vehicles they cuirently have, three cars, plus storage. The way the
lot lays, they can't accommodate the enta'y way plus a garage three stalls
wide. I don't think a three stall garage is in keeping with the character of
the existing structure either. The two stall kind ...inaudible...
So, the other thing that Jenni mentions in relation to the upstairs, the
access point, because of the foot slope, we had to come down almost to the
lower level of the upper level because to come down all the way to the
main level, on the fi-ont side, I really don't have any way to get access uh,
to the fxont of the building. So I need to have that access for the center of
the addition. I don't know ifI made that clear. Because the roof, right
above the door, it begins right above the door and it goes up the entry
access. Again it needs to be in the center of the structure. That was
L:\97FILES\97VAR\97-126\102896MN.DOC 2
Criego:
Tovar:
Retterath:
Criego:
Stamson:
Criego:
Wuellner:
Tovar:
Wuellner:
important to the building. That's why the building is as far forward as it
is. I guess as a general comment the way the garage is setback fi:om the
house...inaudible... One thing Jenni and I discussed on Friday, this
was a later development and was related to the width of the structure.
I was told that because it is a substandard lot, the 10 foot side yard
setback was inapplicable in this instance. And physically I would like
to have a 24 foot garage. Inaudible... with the 22 foot we are
proposing, it is less than the standard. With 8 feet on the side you eau
still sneak around the back for access if we need to. That's what I was
informed the other day prior to the meeting.
Are we asking for a side yard?
No. No, they'll be asking for the 18 foot front yard variance. Legally
he can go up to 5 feet ... inaudible ... They're going down to 18 feet at the
edge of the house.
I spent some time with the City Planning Department and in Fridley...
Inandible...Dialogue regarding parking.
Are there any other comments? Thank you. Okay, we'll open it up to the
commissioners for discussion. Commissioner Stamson.
My feelings are given the age of the house, the fact that it is on a
substandard lot. That the current owners really had no consol over the
design of the house or the lay-out or the odd shape of the lot. It seems like
the variance is acceptable and in order to me. It seems to me it falls in
with the character of the neighborhood, the setbacks of the other houses.
So, I'm in support of granting the variance.
Commissioner Wuellner:
Staff, was there a setback averaging attempt here?
The setbacks are to the east.., the east and south. This one here is a
setback of 30 feet and this one is 20 feet.
Again, given the particular situation of this particular structure. This is
probably the largest substandard lot I have ever seen. But, I really don't
have a problem with the way it is proposed. The circumstances related to
the property have a problem that I think, I go along with staffon that. I
would like to make the comment. This to me is one of the most significant
architectural structures on the lake and I really appreciate the design
proposed on this. I live across the lake fi.om this house and appreciate
how this is going to turn out.
L:\97FILES\97VAR\97-126\ 102896MN.DOC 3
Criego:
Vonhof:
Criego:
Kuykendall:
Criego:
Tovar:
Criego:
Wuellner:
Criego:
Wuellner:
Criego:
Starnson:
Criego:
All:
Criego:
Commissioner Von_ho f.
Thank you Mr. Chair. I concur with the rationale of these from the staff
reports. And I believe the four variance hardship standards in this
particular case, especially in regards to the variance request here. I think
the significant fact, the design of the lot and the age of when it was plotted
it is a significant structure, at least from the lake. I support this variance.
Commissioner Kuykendall.
Thank you Mr. Chairman. I am supportive of everything said so far. I
would like to add one more. If this were to be designed today and platted
today it would probably not be platted with property lines in tangent when
in fact a radius did occur. And should it occur there probably wouldn't
have been a setback issue. So I have to say given the current design
standards of thinking that's even an addition reason that I would support
this variance.
Okay. I have a question to staff. And that is the accessory structure size.
Educate me on why we call it an accessory building. Is it now after
completion become one complete building.
I would ... inaudible...Yes. I was referencing the fact that...inaudible.
Fine. I happen to agree with staff. I think it is a good job of design. It
will add to the lake so I am in favor of approving the variance. Okay.
Any motions at this time.
I would like to make a motion that property at 16920 Inguadona Beach
Cimle grant a 7 foot variance from the road that is a, front yard setback
variance of 7 feet be approved for this property. Rationale being the
hardship criteria has been met in this case. Case file 96-098.
Resolution 96-035PC
Okay.
Okay, do I hear a second?
I'll second.
Second. No discussion. All in favor?
Aye.
Opposed? Passed.
L:\97FILES\97VAR\97-126\ 102896MN.DOC 4
RESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET FOR A PROPOSED GARAGE
AND RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City. of Prior Lake, Minnesota;
FINDINGS
1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing single family dwelling on property located in the R-1 (Sub~ball
Residential) District and the SD (Shoreland Overlay) District at the folI~'~w,atg'
location, to wit;
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from
said Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beg/nning; AND the West half
of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scoa County, M'N.
The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held hearings thereon on October 28, 1996.
The Board of Adjustmem has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
Because of conditions on the subject property, and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unre~onably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
16200 Eagle Creek Ave. S.E.. Pdor Lake. Minnesota 55372-t714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.AN EQUAL OPPORTUNITY EMPLOYER
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
3. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city.
4. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property fight of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
addition without this variance.
The contents of Plarmfing Case 96-098 are hereby emered into and made a part of the
public record and the record of decision for this case. Pursuant to Section %6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (I) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot setback.
This variance is granted with the following terms and conditions;
1. The improvemems shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A.
Adopted by the Board of Adjustment on October 28, 1996.
Donald R. Rye, ~annin
?
)irector
William Criego, Cl~air x._.~/-
l:\96var\96-098va\res9635.doc 2
PLANNING REPQR, T
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
4A
CONSIDER FRONT YARD SETBACK VARIANCE, FOR
DAVE YEARLING AND KARLYNN BENSON
(Case File #96-098)
16520 INGUADONA BEACH CIRCLE
JENNI TOVAR, PLANNER
DONALD R. RYE, PLANNING DIRECTOR
YES X NO
OCTOBER 28, 1996
INTRODUCTION:
The Planning Department received a variance application from Dave Yearling
and Karlynn Benson, who are proposing to construct a 22 by 48 foot residential
addition. The ground level of the proposed addition will be a garage and the
upper level will be living space consisting of a bedroom and bathroom. The
living area of the addition will be attached to the existing structure over the front
entry. The proposed addition has a 18 foot setback from the Inguadona Beach
Circle right of way rather than the required 25 foot setback (Section 4.2 of the
Zoning Ordinance) resulting in a 7 foot variance request.
DISCUSSION:
Inguadona Beach is a plat that dates back to 1924. This lot has 75 feet of street
frontage, averages approximately 162 feet deep, and has a total area of 25,670
square feet. The property is located within the R-1 (Suburban Residential) and
the SD (Shoreland Overlay) district. The lot width makes it a substandard lot
under the current Zoning Ordinance, however all other setbacks are being
maintained. The adjacent parcels on either side of this lot are developed as
single family dwellings. The property to the east is setback approximately 30
feet, and the property to the south is setback about 20 feet.
The purpose for the size of the addition is to provide a garage to accommodate
three vehicles. Because the lot will not accommodate this size of garage in lot
width, the applicants are proposing to accomplish this with a deeper garage, and
hence, the variance is being requested. The size of the garage area is within the
allowable accessory structure size. The total impervious surface with the
proposed addition is 16 percent.
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
VARIANCE HARDSHIP STANDARID$
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. In this case, the legal building envelope
which results from the applicable yard requirements is 55 feet wide and
approximately 46 feet deep. The size of the building envelope is adequate
for the addition. It is the existing location of the dwelling unit that brings
about the hardship. This lot is an inside corner lot with a curve of about 80
degrees. The building envelope reflects this curvature.
The hardship resulting from literal enforcement of the ordinance is that the
applicant would not be able to build as large of an addition a desired. To
remain in compliance with all ordinances, the applicant would have to reduce
the size of the addition by 7 feet in the front.
2. Such unnecessary hardship results because of circumstances unique
to the property.
Unique circumstances in this case are the substandard width of the lot which
was platted in 1924, its corner location, and the location of the existing house
which was constructed in 1900 and remodeled in 1991.
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
The shape and width of the lot and location of the existing structure are
hardships over which the applicant has no control. The lot and dwelling were
existing prior to the adoption of the Zoning Ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The size and location of the proposed dwelling on the lot are not inconsistent
with the location of other structures in this area. The existing structure is
setback 17.7 feet from the street right of way. Because of the corner
location, the addition will appear to be in line with the adjacent structure. A
variance in this case will not be contrary to the public interest.
96086pc.doc Page 2
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
The staff has concluded that the size and the physical characteristics of the lot
are a hardship outside of the applicants' control. Staff recommends Alternative
No. 1 with no additional conditions.
NR :
A motion adopting Resolution 96-35PC.
96086pc.doc Page 3
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application:
[] Rezoning, from tnresent zo~ip~
to (pronosed zonine}
[] Amendment to City Code, Comp. Plan or City Ordinance
[] Subdivision of Land
[] Administrative Subdivision
[] Conditional Use Permit
[] Other:
Brief description of proposed project (attach additional
sheets/narrative if desired)
App icao e urninanee ~,ecuon(~') ~/tA iai 4 .wa ~
Applicant(s):,k~.
Address: ~-~
Home Phone: '~'2 ~ Z/5 7 Work Phone: ? 7 2-- b/Z ,,
Prope~Owner(s) {If different Dom Applicants]: ~7= ~' ~' ' ' , ~ '
3ome Phone: ~qT- q~ '""~ Work Phone: 9~'- 55~ z
[ype of Ownership: Fee '~ Contract for Deed ~ Purchase Agreement
Legal Description of Property (Attach a copy if there is not enough space on rah_is sheet):
Fo the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications will not be processed until deemed complete by the Planning Director or assignee.
Applicant,~/Signatu~a f~ f Date , ~
. qp
THIS SP~CE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
>tANNING COMMISSION APPROVED DENIED DATE OF HEARING
;ITY COUNCIL APPROVED DENIED DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.do¢
Date
Retterath/Benson/Yearling Variance
Variance//96-09
to Allow Front Yard Setback of 18 Feet
32
33
42
Neighborhood Location Map
BUILDING ENVELOPE
L A IC£
GRAPHIC SCALE
NOTICE OF HEARING TO CONSIDER THE FOLLOWING VARIANCE:
A VARIANCE TO PERMIT A FRONT YARD SETBACK OF fS. OO~FEET RATHER THAN
THE REQUIRED 25 FEET
FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION ON PROPERTY LOCATED IN THE R-I
(URBAN RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT
IDENTIFIED AS 16520 iNGUADONA BEACH CIRCLE.
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire
Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of C.R. 21 and Fish
Point Road), on: Monday, October 28, 1096, at 7:00 p.m. or as soon thereafter as possible.
APPLICANTS:
Kelvin Retterath
2618 Grove Lane
Mound, MN 55304
PROPERTY
OWNERS:
Dave Yearling and Karlynn Benson
16520 Inguadona Beach Circle
Prior Lake, MN 55372
SUBJECT SITE:
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING
from said Lot 13 the following: Starting at the Southeast corner of said Lot
13 and running thence Northerly along the East line of said Lot 15 feet;
thence Northwesterly to the Southwest corner of said Lot; and thence
Southeasterly along the South line of said Lot 13 to the place of beginning;
AND the West half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scoff
County, MN.
REQUEST:
The applicants are proposing to construct a residential addition with garage
on an existing lot which will have a front yard setback of 18 feet rather than
the required 25 feet.
The Planning Commission will review the proposed construction and requested variance against the
following criteria found in the Zoning Ordinance,
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
2. Such unnecessary hardship results because of circumstances unique to the property.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of
persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice
and is not contrary to the public interest.
96-082va\96082pn,doc
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
If you are interested in this issue, you should attend the hearing. Questions related to this hearing
should be directed to the Prior Lake Planning Depar[ment by calling 447-4230 between the hours of
8:00 a.m. and 4:30 p.m. Monday through Fdday. The Planning Commission will accept oral and/or
written comments. Oral or written comments should relate to how the proposed construction and
requested variances are or are not consistent with the above-listed criteria.
PHor Lake Planning Commission
Date Mailed: 10/15/96
96-082va\96082pn.doc 2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4C
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE 2010 COMPREHENSIVE PLAN FROM THE C-CC
(COMMUNITY RETAIL SHOPPING) DESIGNATION TO
THE R-HD (HIGH DENSITY RESIDENTIAL) DESIGNATION
JANE KANSlER, PLANNING COORDINATOR' ~-
X YES NO-MIA ~
JANUARY 12, 1998
INTRODUCTION:
The purpose of this public hearing is to consider an amendment to the 2010
Comprehensive Plan changing property currently designated as Community Retail
Shopping to the High Density Residential designation. This amendment was initiated by
the Planning Commission on December 8, 1997. The purpose of the amendment is to
allow the development of the property.
Property Owner:
William Schmokel
4151 Grainwood Circle NE
Prior Lake, MN 55372
Location of Property:
This site consists of approximately 1.1 acres of vacant
land and is located at 5240 10th Street. This site is at
the northeast quadrant of the intersection of Franklin
Trail and 160th Street (CSAH 44).
Current Comprehensive
Plan Designation:
This property is identified as C-CC (Community Retail
Shopping) on the 2010 Comprehensive Plan. This
designation is characterized by retail shopping centers
designed to provide shopping and convenience facilities
to a broader residential area.
Proposed
Comprehensive Plan
Designation:
The applicant is requesting the property be designated
R-HD (High Density Residential). This designation is
characterized by dwellings other than single family
detached houses at densities up to 30 units per acre.
Current Zoning:
R-3 (Multiple Residential)
Proposed Zoning:
R-3 (Multiple Residential)
Proposed Land Use:
Safe Haven For Youth is proposing to construct a
1:\97files\97compam\97-128\97128pc. doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Adjacent Land Use,
Comprehensive Plan
Designation and Zoning:
Streets/Access:
Natural Features:
Public Utilities:
licensed residential facility for 7 to 16 clients on this site.
An application for a conditional use permit for this use is
presently pending before the Planning Commission.
North: Across Westwood Drive is vacant land,
designated as C-CC and zoned B-1 (Limited Business).
The owner of this vacant land is in the process of
applying for permits to construct a commercial building.
South: Across 160th Street (CSAH 44) is an
abandoned ready-mix plant and senior housing,
designated as R-HD and zoned R-3.
East: To the east are single family dwellings,
designated as R-L/MD (Low to Medium Density
Residential) and zoned R-1 (Suburban Residential).
West: Across Franklin Trail is a multifamily dwelling,
designated as R-HD, and zoned R-3.
This property has access to both Franklin Trail and
Westwood Drive. The Scott County Highway
Department has indicated no access will be permitted
on 160th Street (CSAH 44).
This site generally drains to the northeast. There is a
10' elevation difference between the high point of the
property at 160th Street and the Iow point at Westwood
Drive. There are no significant trees on the site.
There are no sewer and water connections to this site;
however, both sewer and water are available from the
existing mains located in Westwood Drive to the north.
ANALYSIS:
This amendment to the Comprehensive Plan Land Use Map was initiated by the
Planning Commission at the request of the developer of the site. The discrepancy
between the existing zoning of the property (R-3) and the Comprehensive Plan
designation (C-CC) was discovered dudng the staff's review of the conditional use
permit application.
One of the criteria for granting a conditional use permit, as stated in Section 7.5 C of the
Zoning Ordinance, states "the proposed use shall preserve the objectives of this
Ordinance and shall be consistent with the Comprehensive Plan; The proposed use of
this site, a licensed residential facility, is not consistent with the C-CC designation of the
property, although it is permitted as a conditional use permit in the R-3 district. This
discrepancy is the basis for the amendment to the Comprehensive Plan Land Use Map.
1:\97files\97compam\97-128\97128pc.doc Page 2
The Comprehensive Plan goals and objectives which are applicable to this request are
as follows:
GOAL: SUITABLE HOUSING AND ENVIRONMENT: Encourage the development of
suitable housing in a desirable environment.
OBJECTIVE No. I: Provide opportunities for a variety of affordable high quality housing.
OBJECTIVE No. 2: Maintain a choice of and encourage development of quality
residential environments.
OBJECTIVE No. 3: Provide suitable passive open space for the preservation of the
natural environment and the enjoyment of residents.
The R-HD designation is intended to provide an opportunity to create population centers
near community activity areas. This designation is consistent with the above stated
goals and objectives in that it offers a variety of housing, and it is consistent with the
City's Livable Community Goal to provide affordable and life-cycle housing, The R-HD
designation is also consistent with the designation of the property to the east, and with
the current zoning of the property.
One issue which must be addressed is the availability of commercial land in the City.
The Planning Commission has previously expressed concern about the lack of
commercial land in the City. While this site is relatively small, changing the designation
of this site to R-HD further reduces the amount of commercially designated land. On the
other hand, this site has historically been zoned residential.
ALTERNATIVES:
1. Recommend the City Council approve the Comprehensive Plan amendment as
requested.
Table or continue the public hearing to a date and time certain and provide the staff
with a detailed list of items or information to be provided for future Planning
Commission review.
3. Recommend denial of the application based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1. The proposed designation of this site is consistent
with the existing zoning of the site, and is compatible with the adjacent property. This
amendment will not significantly impact the amount of available commercial land in the
ACTION REQUIRED:
A motion recommending the City Council adopt a resolution approving the amendment
to the Comprehensive Plan Land Use Map designating this property as R-HD.
h\97files\97compam\97-128\97128pc.doc Page 3
REPORT A'I-rACHMENTS:
1. Location Map
2. Comprehensive Plan Land Use Map
3. Zoning Map
4. Letter from Adjacent Property Owner
5. Copy of Headng Notice
1:\97files\97compam\97-128\97128pc, doc Page 4
CSAH
WILDERNESS pONDS
· [} COLLECTOR
ZONING MAP
R-1 SUBURBAN RESIDENTIAL
R-2 ORBAN RESIDENTIAL
R-3 MULTIPLE RESIDENTIAL
MIXED CODE RESiDENT]AL
S-1 UMITED BUSINESS
B-2 COMMUNITY BUSINESS
B-3 GENERAL BUSINESS
B-P BUSINESS PARK ~''~,,~
I-2 LIGH~ INDUSTRIAL
A*I AGRICULTURAL ~,
O-1 CONSERVATION ,~' ,",'
:~UD pLANNED UNIT DEVELOPMENT ~,~'~'~
S-D SHORELAND DISTRICT
~ ~8:~ ~00~ ~OPERTY MANAGE TEL G124~482 p, ~
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN. SS372
Atto: kalanninlg, Jenny TQvar
1/3/98
Members of l~r~ur J~ake Planning Commission,
! have just r~e~ved notice of the Planning Coma/JaSon meeting to be held 1/12~8, I was never
informed at'the po. st meeting that the discussion is continued f~om or 12/8/9'~. I nwa two pieces et*
property within the ~dius of the proposed renning (Gateway Center & Northgate Center), I do
oppose the ~2oning of the property in question, only due to it being the last or the rctail had In the
smull ar~n of remfl and I believe that only, further F~tai! development in this ~ will help the already
c~istlng buslnuses. I also believe that the proposed new building that Safe hmve~ would Construct
would also not conform with the construction and look el'the other propcrtles currently & proposed
Gateway & Northgate Centers
(612)430-0163 fax (439-~482
CITY OF PRIOR LAI~E
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT
TO TIlE CITY OF PRIOR LAKE YEAR 2010 COMPREHlr~NSIVE PLAIN FOR
THE PROPERTY LOCATED AT 5240 160TH STREET
You are hereby notified that the Planning Commission will hold a public hearing at Pr/or Lake
Fire Station #1, located at 16776 Fish Point Road SE on Monday, January 12, 1998 at 6:30 p.m.,
or as soon thereafter as possible.
The purpose of the public hearing is to consider a proposal to amend the 2010 Comprehensive
Plan to change the designation of the property located at the northeast quadrant of the
intersection of Franklin Trail and I60th Street (CR 44) from the C-CC (Community Retail
Shopping) designation to the R-HD (High Density Residential) designation.
Legal Description:
The South 241.7 feet of the East 200 feet of the Southwest Quarter of the Southwest Quarter of
Section 36, Township 1 I5, Range 22, Scott County, Minnesota. Subject to easements of record.
If you desire to be heard in reference to this matter, you should attend this public hear/ng. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Jane Kansier, Planning Coordinator
City, of Prior Lake
TO BE PUTBLISI~/;D EN Tttti PRIOR LAKE A.k¥[ERICAN ON SATLt~d)AY, DECEMBER
27, 1997.
l:\97file$\97compamkO7-128\97128pn.doc Page I
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 553724714 / Ph. {612) 447-4230 / Fax (612) 447-4245
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4D
Conduct public hearing to consider a conditional use
permit (CUP) for Safe Haven for Youth (Case #97-117)
Dan Saad
5240 160th Street, located on the north side of 160th Street
and on the west side of Franklin Trail.
Jenni Tovar
X YES NO-N/A
January 12, 1998
INTRODUCTION:
The City received an application for a Conditional Use Permit (CUP) from Dan Saad on
November 17, 1997. This item was originally scheduled to be heard by the Planning
Commission on Dec~mber 8, 1997. Due to inconsistency with the Comprehensive Plan
(guided commercial) and the proposed change of zoning to commercial (as part of the
revised Zoning Ordinance), the item was continued. During the continued public hearing
on the revised Zoning Ordinance, the applicant requested this property remain zoned
residential. The Planning Commission amended the proposed zoning of the lot to remain
residential and directed staff to prepare a Comprehensive Plan Amendment to designate
the land use guide as residential. The applicant has requested the CUP be reviewed
concurrently with the Comprehensive Plan Amendment. Notices were re-sent regarding
this public hearing.
The applicant proposes to construct a single family dwelling for the purpose of a state
licensed residential facility serving 10 persons. The property is on the northeast comer of
Franklin Trail and 160th Street (Exhibit A). The proposed split level home will have a
total of 2,700 square feet on two levels with a 624 square foot attached garage (Exhibit
B). The house will have typical single family kitchen and dining area and living rooms
with 2 or 3 bathrooms and 6 bedrooms. The property is zoned R-3 Multiple Residential.
"State licensed residential facilities serving 7 to 16 persons" is a conditional use in the R-
3 zone.
Safe Haven Shelter for Youth is a non-profit organization, licensed by the state, to
provide group residential facilities. This is a Rule 8 group home for youth ages 8-18.
MN Statute 462.357 (or 245A. 11, Exhibit C) Subdivision 3, provides for legislation
regarding zoning of group homes. Safe Haven currently has a home serving 6 persons
16200 ~§le ~reek ~ve. ~.E.. ~>rior ~}~e. Minnesota 55372-1714 / Pr. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
located at 16706 Dublin Road in Prior Lake, which opened in February 1997. Attached is
a copy of the police report for the facility on Dublin Road (Exhibit D). Group homes
serving 6 or fewer persons are permitted in the R-1 Residential zoning district. The home
will serve the counties of Dakota, Scott, Le Sueur and Carver. The youth are referred by
county social service or are court ordered to the group home. Attached is Safe Haven's
contract with Scott County (Exhibit E).
Safe Haven has specific criteria for accepting residents, including participation in a
treatment program prior to move in. This home is to serve youths with emotional
behavioral disorders (EBD). The purpose of the shelter is not to be a drag or alcohol
treatment facility or half way house. It's purpose is that of a foster home by providing
care and supervision for court ordered youths. Safe Haven has 5 full time staff (director,
program coordinator, and 3 counselors) and 8 part time staff at their existing facility in
Prior Lake. All employees and volunteers must pass background checks as required by
the state. The state requires a ratio of 1 staff person at the facility to every 10 residents.
However, the state recommended ratio is 1 staff person on site to every 5 residents. The
facility on Dublin Road is 1 on site staff person per 3 residents. A requirement of the
facility licensing includes 24 hour awake supervision. Attached are the licensing
requirements fi.om the state (Exhibit F).
Activities at the facility are very similar to those at a single family residence. Visually,
the house is designed to blend in with the neighborhood. Vehicles on site include a van
for transporting the residents and employee vehicles. There are scheduled outdoor
recreation activities such as football. The property is maintained by the staff or hired
contractors including lawn maintenance and snow removal.
Upon request of the Planning staff, the applicant held an informational meeting on
Tuesday, January 6, 1998 to answer general questions fi.om the neighborhood (Exhibit
G).
REVIEW PROCESS:
The proposed CUP should be reviewed in accordance with the criteria found in Section
7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall be
approved if it is found to meet specific criteria. The criteria are discussed on the
following pages.
SITE ANALYSIS:
The subject site consists of 23,994 square feet located at 5240 160th Street (Exhibit A).
The site is adjacent to single family uses to the east, along 160th Street. Directly to the
south is Westwood Drive serving the school administration building. Vacant commercial
is to the south of Westwood Drive. Multi-family apartment building is across Franklin
Trail to the west. Across 160th Street, to the south is Memorial Park and Prior Manor
senior apashnents (see Site Location Map Exlfibit H). The proposed building and access
will be constructed to face Franklin Trail.
CONDITIONAL USE PERMIT ANALYSIS:
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the
staff analysis of compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
The proposed use is consistent with the conditional use provisions for the R-3 Multiple
Residential zoning district and conforms to all general regulations of the Zoning
Ordinance (upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The proposed use is a state licensed residential facility serving 10 persons. Adjacent uses
are that of multi-family, single family and commercial. The proposed use does not
appear to be dangerous, injurious, or noxious to any other property or persons.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The landscape ordinance does not apply. The subdivision ordinance requires two 2lA''
trees to be planted in the front yard of all lots in platted under the current subdivision
regulations. Because this property is metes and bounds (not part of a recently platted
subdivision) the planting requirements do not apply. However, under this conditional use
permit, it is appropriate to require plantings similar to single family dwellings. Two 2V2"
trees per front yard are recommended.
4. The proposed use shall produce a total visual impression and environment which
is consistent with the environment of the neighborhood.
The building will be finished with typical residential structure materials (Exhibit B). The
applicant's building elevations indicate brick and cedar siding to be the exterior materials.
The surrounding buildings are brick with wood trim on the apartment building and
residential siding on the adjacent single family homes. The proposed materials are
consistent with adjacent materials and the effect on the visual impact within the
neighborhood is minimal.
The attached letter from Ronn Hechter dated JanuaD' 3, 1998 (Exhibit I), adjacent
commercial property owner, suggest the building materials be consistent with that of the
surrounding properties. In a conversation with Mr. Hechter on January 5, 1998, he stated
that the materials should be of brick and have a comanercial or institutional appearance to
blend with the other buildings in the neighborhood. This is a condition the Planning
Commission may consider. Staff is of the opinion that the facility is to blend into the
neighborhood and to require a commercial or institutional appearance will make the
facility stand out and not blend with the residential character of the single family
dwellings to the east.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The proposed facility provides sufficient area for vehicular parking. The garage can
accommodate two vehicles. The drive area and parking spaces can accommodate three to
four additional vehicles. Considering that there are two on site staff at all times, the
parking will be adequate. City Code requires two off street parking areas for each single
family dwelling. The traffic and vehicles at the site will be similar to that of a single
family dwelling. Access from Franklin Trail will require a permit from Scott County.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
The current Comprehensive Plan designates the property as commercial. The proposed
use is residential. The City Attorney's office has reviewed this issue and under State
Statute 473.858 the Comprehensive Plan is the deciding map if a conflict between the
Comprehensive Plan and Zoning Map exists. Therefore, as directed by the Planning
Commission on December 8, 1997, staff has prepared an amendment to the
Comprehensive Plan designating this property as R-t-ID (Residential High Density).
Approval of the amendment will make the proposed use compatible. The current
Comprehensive Plan designates the property as C-CC Retail Shopping (Community).
However, the Zoning Map indicates this property to be R-3, Multi-family Residential.
The proposed Zoning Map was changed on December 8, 1997 to zone the property as R-4
(High Density Residential). Approval of the CUP is contingent on approval of the
amendment to the Comprehensive Land Use Guide Plan.
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
· Fire protection · Electrical disturbance,
* Noise · Vibrations,
· Odors · Air pollution,
· Glare · Erosion,
· Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards and is thus consistent with these standards.
CONCLUSION
Staff is of the opinion that the proposed use would be appropriate to the proposed
location and blend into the neighborhood. Staff recommends the Planning Commission
recommend approval of the CUP with the condition that two front yard trees be planted in
each front yard as required in the Subdivision Ordinance for new lots of record and that
the Comprehensive Plan amendment to R-HD Residential High Density be approved.
ALTERNATIVES:
Motion and second to recommend the City Council approve the CUP with specific
conditions as presented or with changes recommended by the Commission.
Continue the public hearing to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
Based upon expressed findings of fact, recommend the City Council deny part or
all of the application based upon consistency of the proposal with specific
regulations of the Zoning Ordinances.
RECOMMENDATION:
Staff recommends Alternative #1 . Motion and second recommending the Council
approve the CUP with the following conditions:
The Comprehensive Land Use Guide Plan amendment must be approved. The
amendment changes the land use designation from C-CC Community Commercial to
R-HD High Density Residential.
2. The applicant must submit a landscape plan indicating size, species and location of
two 2½" trees per front yard prior to the issuance of a building permit.
Prior to the issuance of a building permit, the property owner must sign and record
the necessary document granting the 10' sidewalk easement to the City as indicated
on the survey.
The improvements must be done before certified copies of the resolution are released
for recording at the county. The applicant has 30 days to submit plans that are meet
the requirements of the ordinance and conditions set forth upon approval (City Code
Section 5-6-5B). The applicant has until one year from the date of adoption of the
resolution by the City Council to complete the required improvements and record the
resolution or the Conditional Use Permit becomes null and void (Section 5-6-8).
ACTION REOUIRED:
Motion and second of recommendation to the City Council.
L:\97FILES\97CUP\97- I 17\97-117PC.DOC 5
ITl
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EXHIBIT C
Chapter 245A
surroundings.
Subd. 2. Permitted si,~le-f, mily mmidential use. Residential progran~ With a licensed capacity of six or
fewer persons shall be considered a permitted single-family residential use of property for the purposes of
zoning and other land use r,'gulatious. Programs otherwise allowed under this subdivision shall not be
prohibited by operation of restrictive covenants or similar restrictions, regardless of when entered into, which
c~n,~ot be met because of the nature of the licensed program, including provisions which require the home's
occupants be related, and that the home must be occupied by the owner, or similar provisions.
Subd. 2a. Adult fo~ter care license capacity. An adult foster care license holder may have a maximum
license capacity of five if all persons in care are age 60 or over and do not have a serious and persistent
mental illness or a developmental disability.
Subd. 2b. Adult foster care; ~'arnily adult day care. An adult foster care license holder licensed under
the conditions in subdivision 2a may also provide family adult day care for adults age 60 or over if no
persons in the adult foster or adult family day care program have a serious and persistent mental illness or a
developmental disability. The maximum combined capacity for adult foster care and family adult day care is
five adults. A separate license is not required to provide family adult day care under this subdivision. Adult
foster care homes providing services to five adults under this section shall not be subject to Iicensure by the
commissioner of health under the provisions of chapter 144, 144A, 157, or any other law requiring facility
licensure by the commissioner of hem/th.
Subd. 3. Permitted multifamily r~fdemtL~ use. Units otherwise provided in any town, municipal, or
county zoning regulazion, a licensed residential program with a licensed capacity of seven to 16 persons shall
be considered a permitted multifamily residential use of property for the purposes of zohing and other land
use regulations. A town, municipal, or county zoning authority may require a conditional use or special use
permit to assure proper maintenance and operation of a residential program. Conditions imposed on the
residential program must not be more restrictive than those imposed on other conditional uses or special uses
of residential property in the same zones, unless the additional conditions axe necessary to protect the health
and safety of the persons being served by the program. Nothing in sections 245A.01 to 2aSA..16 shall be
construed to exclude or prohibit residential programs from single-family zones if otherwise permitted by local
zoning regulations.
Subd. 4. Location of r~idenfial progr~rnn, 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 comr~asioner 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
un Jess 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.
Subd. 5. Overconcentration and dispersal. (a) Before January I,
1985. each county having, two or more
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EXHIBIT E
LEAD COUNTY
PURCHASE OF SERVICE AGREEMENT
980131
THIS AGREEMENT, made and entered into by and between the County of Scott, Courthouse 300, 428
Holmes Street South, Shakopee, Minnesota 55379-1375, through the Human Services Department,
hereinafter referred to as the "County," and Safe Haven Shelter for Youth, DBA Safe Haven For Youth,
16706 Dublin Road, Prior Lake, Minnesota 55372 hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the County, through the Department, wishes to enter into a lead county contract with
the Provider for the provision of group home care and support services; and
WHEREAS, the Provider desires to and represents that he is qualified to furnish these services
according to the terms and conditions stated herein; and
WHEREAS, the County, through the Department, and the Provider, according to Minnesota
Statutes Section 256E.05, and Minnesota Rule 9550.0040, Subparts 7 and 8, understand and agree that
this Agreement shall serve as a lead county contract for group home care and support services purchased
by financially responsible agencies of other Minnesota counties;
WHEREAS, the Scott County Human Services Committee of the Whole on December 17, 1996,
directed the County to enter into a contract with the Provider for the provision of said services, and
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth
herein, the County and Provider agree as follows:
1. Definitions
The following definitions apply to the terms used in this Agreement:
Aqency of Financial Responsibility The county responsible for the arrangement for
payment of individual client social services by the Minnesota Department of Human
Services pursuant to Minnesota Statute 256G.02, subd. 4.
Lead or Host County. A county (in this instance, Scott County) that negotiates and
administers a contract for the provision of social services from an approved vendor on
behalf of itself or at the request of another county pursuant to Minnesota Rule 9550.0040,
Placement Aqency. An agency responsible through voluntary agreement with the client's
parent or guardian, or court order, for arranging and providing social services to children.
2. Purchased Services
As specified in this Agreement and in the attachments hereto and herein incorporated in
this Agreement, the Agency of Financial Responsibility agrees to purchase and the
Provider agrees to furnish to eligible county clients group home care and support services
under Minnesota Rule 9545.1400-.1500, as described in Attachment A. Such services
shall hereinafter be referred to as "Purchased Services."
B. The Provider also agrees to provide:
(1) An explicit description of the services to be provided, including admission and
demission criteria;
(2)
A description of the staffing, including job descriptions and professional
qualifications of personnel;
(3) An organization chart, including names and addresses of the Board of Directors;
(4)
The number of program participants and the licensed capacity of program; and
copy of the Rule 8 license,
(5) Program content,
(6) Program budget, and
(7) Copy of the Lease for the premises,
The Provider shall1 in writing within ten (10) days, notify the County whenever it is unable
to, or going to be unable to, provide the required quality or quantity of the Purchased
Services. Upon such notification, the County shall determine whether such inability shall
require modification or cancellation of said Agreement.
The term of this Agreement shall be from February 1, 1997, through January 31, 1998,
not withstanding the date of the signatures of the parties to this Agreement. This
Agreement may be renewed at the option of the County.
Eli,qibility for Services
Eligibility for Purchased Services shall be determined by the following criteria:
The amount, frequency, and duration of pumhased services shall be in accordance with
the placement agency's client's placement plan. The parties understand and agree that
the agency of financial responsibility shall determine preliminary and final client eligibility.
The amount, frequency and duration of purchased services shall be directed towards
achievement of client's goals and objectives as specified in the placement agency's
placement plan and the Provider's individual placement plan.
Referrals shall be accepted by the Provider only from a child placement agency
authorized to make placements by the State of Minnesota(includes Interstate Compact
referrals from other states.)
The placement agency and agency of financial responsibility shall together designate only
one primary placement worker, who shall coordinate all Client information and shall be
responsible for the following:
Complete the placement plan required by M.S. 257.071 and provide a copy to the
Provider.
Be responsible for all court and administrative reviews required by law.
Establish client financial responsibility, eligibility, fee collection, and fee setting.
Provide all required referral information at time of admission.
Review and authorize or disallow proposed services by the Provider that are not covered
by this document or the Placement Agreement.
2
The Provider shall be responsible as follows:
(1)
Maintain control and authority over and autonomy with respect to program
implementation and personnel for providing service.
(2)
The Provider, placement agency, and agency of financial responsibility shall
complete a Placement Agreement form (Attachment B) prior to admission
whenever possible, or within seven (7) days of admission.
(3)
No charge shall be incurred for any program or service fee for services provided
to social services eligible clients in excess of the daily rate, unless it was
established in the client's Placement Agreement or other wdtten document
between Provider and agency of financial responsibility.
When the agency of financial responsibility has determined that a client is no longer
eligible to receive services or that services are no longer needed or appropriate, the
agency of financial responsibility shall notify the Provider within five (5) days of the
determination.
The Provider shall notify the agency of financial responsibility and the client in writing
whenever the Provider proposes to discharge or terminate service(s) to a client. The
notice must be sent at least ten (10) days prior to the proposed date of discharge or
termination and must include the specific grounds for discharge or termination of
service(s). The Provider shall not discharge or terminate services to a client prior to the
proposed date unless delay would seriously endanger the health, safety, or welFbeing of
the client or others.
The Provider shall establish written procedures for discharging a client or terminating
services to a client. The written procedures shall include:
(1)
(2)
(3)
Preparation of a summary of findings, events, and progress during the period of
service to the client.
Written evidence of the reason for the discharge.
Specific recommendations for future programming.
Individual Service Plans
Services provided shall be designed to assure that the client attains the goals specified in
the client's Individual Service Plan (ISP).
If requested, the Provider agrees to submit monthly reports and progress notes on
individual clients to the agency of financial responsibility, the client, and the client's legal
guardian, if any. The Provider agrees to develop requested reports that shall contain
sufficient specificity to enable the agency of financial responsibility to determine the
progress made in relation to the objectives in the client's ISP.
The Provider agrees to participate in all interdisciplinary team meetings related to each
client receiving services under this Agreement.
Performance of the Provider shall be monitored and evaluated in accordance with client
outcomes as specified in the ISP goals and objectives.
The agency of financial responsibility shall not delegate the development of ISPs to the
Provider.
5. HostJLead County Contract
This Agreement may be accessed as a host or lead county contract under applicable law and
rules of the Minnesota Department of Human Services. All local agencies that purchase services
from Provider shall abide by the terms of this Agreement. Such local agencies shall be financially
responsible under the terms of this Agreement for those clients they refer to Provider for services.
The County shall monitor the terms of this Agreement and shall make available, upon request of
other local agencies, copies of this Agreement.
The Provider also agrees that other requesting counties, subject to availability, shall be authorized
to avail themselves of the services of the Provider pursuant to the terms, conditions, and mutual
obligations of this Agreement with the County. Upon approval, from the authorized agent of the
County, the Provider shall bill the requesting county directly for services provided. All other terms
and conditions of this Agreement shall remain in full force and effect as to the Provider, the
County, and the requesting county as a third-party beneficiary.
Cost and Delivery of Purchased Services
In order to maintain the highest level of the provision of Purchased Services to the client as
described in the client's ISP, Pumhased Services shall be furnished and payment shall be made in
the following manner:
The unit cost for providing group home care and support services for clients shall be one
hundred fifteen dollars ($115.00) per day from February 1, 1997, through January 31,
1998.
The Provider shall establish and submit to the County an operating budget for the contract
year based on the projected expenses, The operating budget for 1997 is $204,845 and
the average number of clients in residence per day is 4.88. The unit cost is established
by dividing the operating budget by the anticipated average number of clients in residence
and by the number of operation days for the contract year.
The Provider certifies that the Purchased Services to be provided under this Agreement
do not reflect any administrative or program costs assignable to pdvate pay or third-party
pay service recipients.
The County, placement agency, or agency of financial responsibility, does not guarantee
operational costs of the Purchaser's facility and shall only pay for services agreed to in
the Placement Agreement.
Purchased Services shall be provided at 16706 Dublin Road, Prior Lake, Minnesota
55372.
Method of Payment
Within fifteen (15) working days following the last day of each calendar month, the
Provider shall submit to the agency of financial responsibility duplicate invoices, in form
approved by the County, identifying Purchased Services provided individual clients during
the preceding month. The authorized agent of the agency of financial responsibility shall
have the authority to review invoices, and no payment shall be made without the approval
of the authorized agent.
o
The agency of financial responsibility shall make payment directly to the Provider within
thirty (30) days after receipt of invoices identifying Purchased Services provided to clients,
provided that such payments shall be subject to adjustment by the agency of financial
responsibility due to inaccuracies in invoices both before and after payment is made.
Payment for Purchased Services shall be made by the agency of financial responsibility at
the stated payment per unit of service. Payments to the Provider for Purchased Services
shall be based on actual units of service provided, with payments commencing the date
in, but ending the day prior to the day of discharge. Actual units of service are those units
in which the enrolled client is in attendance, but also include up to four (4) days following
the client having absconded or emergency hospitalization.
In the event that services provided to eligible recipients may be reimbursed by private
health insurance or Medical Assistance, the Provider shall bill such third parties pdor to
billing the agency of financial responsibility.
It is understood and agreed by the parties that the County assumes no obligation to
purchase from Provider any minimum amount of services as defined by the terms of this
Agreement.
It is understood and agreed by the parties that the County assumes no financial
responsibility to Provider ,'or Purchased Services provided pursuant to an agreement
between Provider and any entity other than Scott County.
Condition of Payment
All services provided by Provider pursuant to this Agreement shall be performed to the satisfaction
of the County, and in accordance with all applicable federal, state, and local laws, ordinances,
rules, and regulations. Payment shall be withheld for work found by the agency of financial
responsibility to be unsatisfactory, or performed in violation of federal, state, or local laws,
ordinances, rules, or regulations. If Provider and the County or agency of financial responsibility
agree, any controversy or claim adsing out of or relating to this Agreement may be settled
between the parties by arbitration in accordance with the commercial Arbitration Rules of the
American Arbitration Association. Each party shall pay its own costs resulting from the utilization
of the arbitration process. The fees and costs charged by the Amedcan Arbitration Association
shall be borne equally by the parties.
Information, Reportin,q Requirements
A. The Provider shall do the following
(1) Maintain records on all admissions as stated in Minnesota Rule 9545.1400o. 1500.
(2)
Complete an individual placement plan within thirty (30) days of placement for
each client, signed by the client, the parents, the group home, and the placement
worker. (This plan is to supplement the placement plan required of the placement
worker by M.S. 257.071).
(a)
Thi~ plan shall include a description of the issue that led to placement,
the placement goals for the client and family, and the steps and tasks
necessary to complete the goal.
(b)
The goals and length of the group home program enrollment for each
client shall itemize projected completion dates. The plan shall be
reviewed no less frequently than every three (3) months by all parties,
with the time and place to be set by the group home staff.
(3)
Assist the County in its obligation to evaluate and monitor the Provider's
performance and allow personnel of the County access to the Provider's
premises.
(4)
The Provider shall, upon reasonable notice, meet with County personnel to assist
the County in evaluation of services.
The Provider shall furnish the County financial and program information required for
effective contract management, program evaluation, and development. At a minimum
such information shall be provided to the County within fifteen (15) days of the end of
each quarter during the contract year and include the following:
(1)
Expenditure and revenue reports related to providing the services within this
Agreement in the format of the contract budget.
(2)
Performance and Outcome Measures Quarterly Report in a format provided by
the County. (See Attachment C.)
(3)
Summary of quality assurance surveys to clients, parents, and placing agencies
shall be provided to the County quarterly.
(4) Summary of the status of the residents' goal attainment.
The Provider agrees to maintain books, records, documents, and other evidence and
accounting procedures and practices which sufficiently reflect all direct and indirect costs
of any nature incurred in the performance of this Agreement, as well as program records
reflecting services provided. These books, records, documents, accounting procedures
and practices, and program records relevant to the Agreement shall be subject at all
reasonable times to inspection, review, copy, or audit on site by personnel of the County,
personnel authorized by the County, the Minnesota Department of Human Services, the
Untied States Department of Health and Human Services, and either the Legislative
Auditor or the State Auditor as appropriate. The Provider agrees to maintain financial
records for six (6) years after the last date of service under this Agreement or such
additional period of time as may be required by state or federal law and provided that the
County may, by furnishing written notice during the term, require continued retention of
records to allow completion of an audit by the County or its ultimate funding source. The
retention period shall be automatically extended during the course of any administrative or
judicial action involving the County regarding matters to which the records are relevant.
The retention period shall be automatically extended until the authorized agent of the
County notifies Provider in writing that the records need no longer be kept.
The County may duplicate, use, and disclose in any manner consistent with the provisions
of the Data Privacy Clause in this Agreement, and have others do so, all data delivered
under this Agreement.
The County may evaluate the performance of the Provider in regard to the provisions of
this Agreement prior to its termination. The County reserves the right to authorize and
purchase an independent evaluation under this paragraph.
The Provider agrees to inform the County of facility location, licensure, or ownership
changes within five (5) days after such changes occur. The Provider agrees to inform the
10.
11.
12.
County of Board of Director membership, program or staffing plan changes, within fifteen
(15) days of the end of each quarter.
The Provider agrees to maintain on file ISPs for all ctients.
The Provider agrees to maintain other program records required by the County and
records on each eligible recipient as required by the Minnesota Department of Human
Services.
The Provider hereby agrees that it shall submit annual audit reports to the authorized
agent of the County as identified in Clause 10 herein.
Authorized A,qents
The County and Provider shall appoint an authorized agent for the purpose of administration of
this Agreement. Provider is notified the authorized agent of Scott County is:
Tom Behr, Social Services Manager
Scott County Human Services
Courthouse 300
428 Holmes Street South
Shakopee, Minnesota 55379-1375
(612)496-8120
The County is notified the authorized agent of Safe Haven Shelter for Youth, DBA Safe Haven for
Youth, is:
Daniel Saad, Executive Director
Safe Haven Shelter for Youth, DBA Safe Haven for Youth
16706 Dublin Road
Prior Lake, Minnesota 55372
Standards and Licenses
If required to be licensed by any federal, state, or local statute, ordinance, or rule to
provide services contemplated herein, the Provider shall remain licensed dudng the term
of this Agreement. The County shall only pay for Purchased Services provided pursuant
to such licensing requirements.
When licensing is required, loss of the same shall be cause for cancellation of this
Agreement effective as of receipt of notice of cancellation, other provisions for
cancellation of this Agreement notwithstanding.
The Provider shall comply with all applicable federal and state statutes and regulations,
as well as local ordinances and rules, now in effect or hereafter adopted.
Other provisions for cancellation of this Agreement notwithstanding, failure to meet the
requirements of A, B, and C as stated above may be cause for cancellation of this
Agreement effective as of receipt of notice of cancellation.
Data Privacy
Provider and any subcontractor of Provider agree to abide by the provisions of the Minnesota
Government Data Practices Act, Minnesota Statute Chapter 13, as amended, and Minnesota
13.
14.
15.
Rules promulgated pursuant to Chapter 13 in providing all services hereunder. The Provider
designates Daniel Saad, Executive Director, as its Responsible Authority pursuant to the
Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, as the individual
responsible for the collection, maintenance, use, and dissemination of any set of data on
individuals, government data, or summary data pursuant to this Agreement.
Equal Employment Opportunity and Nondiscrimination
In connection with the work performed under this Agreement, Provider agrees to comply with the
applicable provisions of state and federal equal employment opportunity and nondiscrimination
statutes and regulations. In addition, upon entering into this Agreement, Provider certifies that it
has been made fully aware of the County's Equal Employment Opportunity and Americans with
Disabilities Act policy, attached hereto and incorporated herein as Attachment D, through both
oral and written communications, that it supports this policy, and that it shall conduct its own
employment practices in accordance therewith. Failure on the part of the Provider to conduct its
own employment practices in accordance with the policy may result in the withholding of all or part
of regular payments by the County due under this Agreement unless or until Provider complies
with the County policy, and/or suspension or termination of this Agreement.
Fair Hearing and Grievance Procedure
The Provider shall establish a system through which eligible recipients may present
grievances about the operation of the service program, and the Provider shall advise
eligible recipients of this right.
The agency of financial responsibility shall advise applicants and eligible recipients of all
of their dghts to a fair hearing and the appeal process as provided by Minnesota Rules
Chapter 9550.0092, including, but not limited to, their right to appeal denial or exclusion
from the program or failure to recognize an eligible recipient's choice of a service and of
his/her right to a fair hearing. The agency of financial responsibility shall make
arrangements to provide such a hearing through its regular fair hearing procedures. The
applicant or eligible recipient shall be informed of such rights by information on the
application for Purchased Services.
Technical Assistance and Disputes
The County shall offer assistance to the Provider to develop service, understand the
terms of the Agreement, and provide consultation to the Provider and the County, through
the Department. A coordinator from the County shall be identified by the Department's
authorized agent in dealing with the Provider.
Except as othe~ise provided in this Agreement, any dispute concerning a question of
fact arising under this Agreement which is not disposed of by negotiation and agreement
shall be decided by the Contract Manager, who shall reduce his/her decision to writing
and furnish a copy thereof to the Provider. The decision of the Contract Manager shalt be
final and conclusive unless, within thirty (30) days from the date of receipt of such copy,
the Provider furnishes to the Contract Maqager a written appeal addressed to the County.
The decision of the County, or its duly authorized representative for the determination of
such appeals, shall be final and conclusive unless determined by a court of competent
jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as
necessary to imply bad faith, or not supported by substantial evidence. In connection with
any appeal proceeding under this Clause, the Provider shall be afforded an opportunity to
be heard and to offer evidence in support of its appeal. Pending final decision of a
16.
dispute hereunder, the Provider shall proceed diligently with the performance of the
Agreement and in accordance with the Contract Manager's decision.
Indemnity, Insurance, and Independent Provider Status
Indemnity. The Provider shall save and protect, hold harmless, indemnify, and defend the
County, its commissioners, officers, agents, employees, and volunteer workers against
any and all liability, causes of action, claims, loss, damages, or cost and expense arising
from, allegedly adsing from, or resulting directly or indirectly from any professional errors
and omissions and/or negligent acts and omissions of Provider, its agents, officers, or
employees in the performance of this Agreement.
Insurance. The Provider does further agree that in order to protect itself as well as the
Department and Scott County under the indemnity agreement provision hereinabove set
forth, it shall at alt times dudng the term of the Agreement have and keep in force:
(1)
Workers' Compensation: Provider shall obtain and maintain for the duration of
this Agreement statutory workers' compensation insurance and employers'
liability insurance as required under the laws of the State of Minnesota.
(a) State: Minnesota - Statutory
(b) Employers' Liability
(c) Benefits Required by Union Labor Contracts: As Applicable
In the event Provider is excluded or excepted from this requirement pursuant to
Minnesota Statute Section 176.041 Subdivision 1, and has not elected to provide
workers' compensation insurance pursuant to Minnesota Statute Section 176.041
Subdivision la, Provider shall be requfred to execute and submit a sworn and
attested affidavit of exclusion or exemption in a form satisfactory to the County
pdor to entedng into this Agreement.
(2)
Comprehensive General Liability (including Premises-Operations; Independent
Providers' Protective; Products and Completed Operations; Bread Form Property
Damage; Contractual):
Provider shall obtain the following minimum insurance coverage and maintain it at
all times throughout the life of the Agreement.
Bodily Injury:
Property Damage:
$I,000,000 per occurrence
$1,000,000 products and completed operations
$1,000,000 per occurrence
(3) Personal Iniury Liability (with Employment-Related Exclusion Deleted):
Limit!
$1,000,000 per occuffence
(4) Professional Liability (Malpractice):
Limit:
$1,000,000 per occurrence
(5) Comprehensive Automobile Liability (Owned, Nonowned, Hired):
Bodily Injury:
$1,000,000 per person
$1,000,000 per occurrence
t7.
18.
19.
Property Damage: $1,000,000 per occurrence
Bohdinq: The Provider shall obtain and maintain at ail times during the term of
this Agreement a fidelity bond in the amount of not less than $10,000.00 covering
the activities of each person authorized to receive or distribute monies.
Proof of Insurance. Insurance certificates evidencing that the above insurance is in force
with companies acceptable to the County and in the amounts required shall be submitted
to the County for examination and approval prior to the execution of the Agreement, after
which they shall be filed with the County. The insurance certificates shall specifically
provide that a certificate shall not be modified, canceled, or nonrenewed except upon
thirty (30) days' prior wdtten notice to the County. Neither the County's failure to require
or insist upon certificates or other evidence of insurance, nor the County's acceptance of
a certificate or other evidence of insurance showing a variance from the specified
coverage, changes ProvideCs responsibility to comply with the insurance specifications.
The County may withhold payment for failure of the Provider to furnish certificates of
bonding and/or insurance as required above.
Independent Provider
It is agreed that nothing contained in this Agreement is intended or shall be construed as creating
the relationship of copartner, joint venturers, or an association with the County and the Provider.
The Provider is an independent Provider and neither it, its employees, agents, nor representatives
shall be considered employees, agents, or representatives of the County. Except as otherwise
provided herein, the Provider shall maintain, in all respects, its present control over the application
of its intake procedures and requirements to clients and the means and personnel by which this
Agreement is performed. From any amounts due the Provider, there shall be no deduction for
federal income tax or FICA payments, nor for any state income tax, nor for any other purposes
which are associated with an employer/employee relationship unless required by law. Payment of
federal income tax, FICA payments, and state income tax are the sole responsibility of the
Provider.
Modification of Aqreement
The parties agree that no change or modification to this Agreement, or any attachments hereto,
shall have any force or effect unless the change is reduced to wdting, dated, and made part of this
Agreement. The execution of the change shall be authorized and signed in the same manner as
for this Agreement.
Conditions of the Parties' Obliqations
It is understood and agreed that if dudng the term of this Agreement reimbursement to the
agency of financial responsibility from state and/or federal sources is not obtained and
continued at an aggregate level sufficient to allow for the purchase of the indicated
quantity of Purchased Services, then the agency of financial responsibility may cancel or
amend this Agreement, provided that any cancellation of this Agreement shall be without
prejudice to any obligations or liabilities of the parties already accrued prior to such
cancellation.
Claims for expenditures made in excess of budget categories which do not increase the
County's total cost for this Agreement shall be allowed only when approved in wdting by
the Contract Manager. Such approval shall not be deemed a matedal modification of the
Agreement.
lo
20.
21.
C. The Provider shall comply with all of the provisions of:
(1)
The Maltreatment of Minors Reporting Act, Minnesota Statutes Section 626.556,
as amended, and Minnesota Rules, Chapter 9560, implementing such Act now in
force or hereafter adopted.
(2)
The Vulnerable Adults Reporting Act, Minnesota Statutes Section 626.557, as
amended, and Minnesota Rules, Chapter 9555, implementing such Act now in
force or hereafter adopted.
If the County, through the Department, has sufficient reason to believe that the safety or
well-being of eligible recipients receiving service hereunder may be endangered by
actions of the Provider, its agents, and/or employees, the County, through the
Department, may require the immediate cessation of services to eligible recipients, as
well as their removal from the facility, and may discontinue referrals to the Provider. No
payments shall be made for the period dudng which services are suspended unless
other,vise determined by the Count7.
The County shall withhold reimbursement to the Provider if either the County or the
Minnesota Department of Human Services has reasonable grounds to believe that the
Agreement of the County with the Provider or the subcontractor of the Provider has been
breached in any manner. If the breach occurs, the County or agency of financial
responsibility may recoup any payments made. The Provider acknowledges and agrees
that the Minnesota Department of Human Services is a third-party beneficiary, and as
such is an affected party under this Agreement and as such may recoup payments made
by the County to the Provider in event of breach of this Agreement if the County does not
recoup the payments.
Subcontractinq and Assiqnments
The Provider shall neither enter into subcontracts for performance of any of the Pumhased
Services contemplated under this Agreement, nor assign this Agreement, without the prior written
approval of the County and subject to such conditions and provisions as the County, through the
Department, may deem necessary. The Provider shall be solely responsible for the breach,
nonperformance, or performance of all subcontractors.
Default
The Provider, after receipt of notice by the Contract Manager of any of the following conditions or
other circumstances warranting cancellation of this Agreement, shall have ten (10) days (or such
longer pedod as the Contract Manager may authorize in writing) after receipt of notice from the
Contract Manager to cure the specified failure, including, but not limited to:
If the Provider fails to provide services called for by this Agreement within the time
specified herein or any extension thereof;, or
If the Provider is in such financial condition so as to endanger the performance of this
Agreement; or
If the Provider fails to perform any of the other provisions of this Agreement, or so fails to
prosecute the work as to endanger performance of this Agreement in accordance with its
terms; or
13.
22.
23.
24,
If it is discovered that material misrepresentations were made by the Provider as to
conditions relied upon by the County which purported to exist by the terms of this
Agreement and all exhibits and documents attached hereto and incorporated by
reference.
If the Provider fails to cure the specified condition after notice within the prescribed period of time,
then the County may upon written notice immediately cancel the whole or any part of this
Agreement.
Termination and Finalization
This Agreement or a portion thereof may be terminated by either party at any time, with or
without cause, upon thirty (30) days' written notice, delivered by mail or in person to
Provider or the authorized agent of the County. The Provider and the County shall
address its communication to the authorized agents as identified in Clause 10 of this
Agreement.
After receipt of a notice of termination, and except as otherwise directed, the Provider
shall:
Discontinue provision cf Purchased Services under this Agreement on the date,
and to the extent specified, in the notice of termination.
(2)
Terminate all orders and subcontracts to the extent that they relate to the
performance of Purchased Services terminated by the notice of termination.
(3)
Settle all outstanding claims and liabilities for orders and subcontracts existing at
the time of the notice of termination, provided, however, that the claims and
liabilities for orders and subcontracts had been approved by the County.
(4)
Complete performance of such Purchased Services as shall not have been
terminated by the notice of termination.
(5)
Submit a revenue and expense statement for the performance of Purchased
Services prior to the effective date of termination within thirty (30) days of said
date.
Maintain all records relating to performance of the terminated portion of the
Agreement as may be required by the County, through the Department.
(?)
Notify all clients and any other counties of financial responsibility of the
termination of this Agreement.
Notices
Any notices to be given under this Agreement shall be given by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service,
addressed to Provider at its address stated herein and to the authorized agent of the County at
the address stated herein.
Controllinq La~v
This Agreement is to be governed by the laws of the State of Minnesota.
12
25. Successors and Assiqns
26.
27.
28.
The County and Provider, respectively, bind themselves, their partners, successors, assigns, and
legal representatives to the other par'bl to this Agreement and to the partners, successors,
assigns, and legal representatives of such other party with respect to all covenants of this
Agreement. Neither the County nor Provider shall assign, sublet, or transfer any interest in this
Agreement without the pdor wdttan consent of the other.
Separability
In the event any provision of this Agreement shall be held invalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties unless such invalidity or
nonenforceability would cause the Agreement to fail its purpose. One or more waivers by either
party of any provision, term, condition, or covenant shall not be construed by the other party as a
waiver of a subsequent breach of the same by the other party.
Merqer
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof. All documents referred to in this Agreement are incorporated or
attached herein and are deemed to be a part of this Agreement. Any inconsistencies between the
terms of this Agreement and any attached or incorporated documents shall be resolved in favor of
this Agreement.
Third-Party Beneficiary
The Provider acknowledges and agrees that the Minnesota Department of Human Services is a
third-party beneficiary and, as a third-part7 beneficiary, is an affected part7 under this Agreement.
The Provider specifically acknowledges and agrees that the Minnesota Department of Human
Services has standing to seek appropriate administrative or civil relief available in law or equity to
enforce the provisions of this Agreement between the County and the Provider. The Provider
specifically acknowledges that the County and the Minnesota Department of Human Services are
entitled to and may recover from the Provider reasonable attorney's fees, costs, and
disbursements associated with any action taken under this paragraph that is successfully
maintained. This provision shall not be construed to limit the rights of any part,/to the Agreement
or any other third-parbj beneficiary, nor shall it be construed as a waiver of immunity under the
Eleventh Amendment to the United States Constitution or any other waiver of immunity.
13
IN WITNESS WHEREOF, the par~ies hereto have set their hands on the dates wdtten below.
SCOTT COUNTY HUMAN SERVICES BOARD
Ralpb~. Malz, Chairman
~a~/L. Cunningham, Cou~t7 Administrator
APPROVE TO E M:
Thomas J. Haroin$on
Scott County,Attorney
DATE /-
SAFE HAVEN SHELTER FOR YOUTH,
DBA SAFE HAVEN FOR YOUTH
I~T~niel S~a~, Executive Director
ATTACBI~EI~T A
SAFE HAVEN SI-n LTER FOR YOUTa
Company Summa~
Safe Haven Shelter For Youth is a charitable 501(c)(3) private non profit corporation formed in the State of
Minnesota in March of 1995. Founder and Executive Director Daniel Scad feels that our society means well
in wanting to preserve the safety and future of our children, but points out that there is an immediate need to
help those children who have lost faith, hope, and have a great need for love. Our staff'and volunteers will be
committed to providing the highest quality oftherapoutic service to the children and families we serve.
After groat consideration for the needs of the Social and Court Services Departments of both Carver and Scott
Counties, Safe Haven Shelter For Youth is looking at purchasing a facility in one of these counties to open a
group home.
Purpose of Group Home as set bv the State of Minnesota:
Group homes provide a type of care that is hot available through traditional foster families or institutions.
Group homes aro not meant to replace either of these types of care but present a unique opportunity to
combine different aspects of troatment from both resources. Group homes can provide adult guidance and
professional services to the child placed out of the child's own home and yet keep the child in community
living. The faciliD, is community based, and the program is community oriented.
PROGR.a2~ AND SERVICES
Safe Haven Shelter For Youth will primarily serve Scott and Carver Counties, but will be available to all
Minnesota counties. The needs of Scott and Carver Counties are increasing rapidly as they move from
predominantly rural to "ex-urban"; in fact, they aro two of the fastest growing counties in the Midwest with a
population of approximutely 125,000. The two counties now have the fastest growing juvenile crime rate in
the metropolitan area (Bureau of Criminal Apprehension, 1992). Y~, a United Way Survey (1990) indicated
that the counties have fewer services than any other in the seven county metropolitan aroa.
The facility will have a capacity of 6 children (male only) ranging in age from 10-17. The length of stay will
be based on individual need with an average stay of 6 months. A brief description of services are listed on the
next page. The typical children we will serve are victims of physical or sexual abuse, neglect, or children
being pulled from their home by the juvenile justice system. The goal of our services is to successfully reunite
the child back home with their family as soon as possible.
The facility will be staffed 24 hours a day. The State recommends a 1:5, staffto client ratio. We plan to
maintain a 1:3 ratio ofchildron to adults during waking hours. It is our goal to hire the most qualified staff'to
can'),' out the group home program and maintain a high level of supervision and structure.
BENEFITS OF SAFE ]]A~EN
,,afe Haven will provide an array of services included at the per diem rate.
Thc ~ervices include ~roup counseling, individual counseling, family counseling,
pre-social skills training, independent living skills (if indicated as a need),
recreation skills, and follow up after discharge. All residents completing
their program will leave Safe Haven with a Success Plan and a Discharge
Summary.
Safe Haven will be an assct to referral ager~s wit~ a need for more options
and a desire to work wit5 a flexible program. The Scott County location will
allow for maximum parental involvement. Frequent home visits are encou-~aged
to reintcgrate each child with his family. Safe Haven will create an
environment wSere parents feel t~ey are Doing heard~aln-d
continue to be key participants in treas,-men5 planning.
Safe Maven also guarantees a commitment to customer service. Our desire is
to be a community resource. The small environment at Safe Haven will allow
'or a homo-like settin~ for boys who will begin a rapid reinte~ra~ion with
their families. A higher staff ratio in the home wi33 be scheduled; a 1 staff
to 3 resident ratio will be maintained ~uring awake hours. The group home
will provide 24 hour awake staff.
Additional services will be available upon referral agent reques~ on a fla~ rate
basis. The first of these serviccs Safe Haven will offer is a parent
~raininq which focuses on skills and techniques for parenting adolescents
wish behavioral problems.
Safe Haven will have trained staff prepared to deal wit5 the typical group
home routine as well as com~on group home crises.
Group Home Services
· Crisis Counseling for Youth and Families -
The purpose of this counseling is to help the child and family successfully reunite. Our staff
will be uained to work with aggressive youth, how to help high-risk families stay together, and
other preventive, corrective, and intensive teaching techniques in dealing with dysfunctional
families. The service will be initiated with the opening of the group home. The service will be
conducted at the group home or over the phone by our staff working in conjunction with
community resoumes.
· Social and Interpemonal Skills Development -
Development of social and interpersonal skilN are designed to achieve these outcomes: 1) the
child develops and maintains friendships; and 2) the child communicates and interacts with
peers and adults. These services will be initiated with the opening of the group home and
conducted on site by the staff.
· Recreational. Leisure. and Play Activities -
Development of these activities are designed to achieve the outcomes of.' t) the child develops
recreational skills; and 2) the child and family learn how to plan and participate in recreational
and leisure activities. These activities will be initiated with the opening of the group home and
conducted by trained staff on and off group home grounds.
· Independent Living Skills -
Instruction in independent living skills designed to su-engthen a child's ability to function in a
less restrictive environment than a group home. The services will support the child in carrying
out the tasks of daily living, encourage the development of self-esteem, and promote self-
sufficiency. These services will be initiated with the opening of the group home and conducted
on site by the staff.
SAFE HAVEN SFr~LTER FOR YOUTH
16706 Dublin Road. Prior Lak~ Minnesota $5372 (612) 44~5~79
PROGRAM ORGANIZATION
Philosophy, Purpose & Function
Children Accepted for Care
Age, Population & Per Diem
Resources
Referral Criteria
Admission
Pro.am Plan For Residents
Family Involvement
Requirements
Control & Discipline Policies
Page
2
3
3
4
5-6
6
7-8
8
8
9
A. PHILOSOPHY, PURPOSE & FUNCTION
Safe Haven Shelter For Youth's Boys Group Home is designed to provide a structured and nur~q, ng
environment for boys ages 10-15 in need of" out of the home~ placement.
I. The goals of the program include empowering young men to identif3' and evaluate behaviors and issues
causing problems in their lives.
2. Educating and teaching them skills to solve problems assertively.
3. To provide a therapeutic environment where issues can be worked through assertively within the
program or by utilizing existing community resources.
4. To promote and assist communication and problem solving with families.
5. To reunite clients with their families whenever possible or facilitate transition into foster care or
independent living.
2
B. CHILDREN ACCEPTED [:OR CAKE: (Specific extent, limitations and scope of service for which the
Group Home is established).
We will accept applicants both legally adjudicated delinquent and on C.H.I.P.S. petitions. For those legally
adjudicated, this Group Home will provide aa alternative to institutionalization for those applicants exhibiting
sincere effort to correct their lifestyle. The Group Home would further serve to facilitate re-entry into the
applicant's own home and community as a transitional living unit following institutional stay. Further, the
Group Home would serve as a preventative measure providing an alternative for applicants who have never
been formally involved in the Criminal Justice System but who are demonstrating behavior likely to result in
involvement with the system.
We will accept applicants into the Group Home who are giving solid evidence--to be substantiated by the
referring person and/or agency-- that the applicamts can be motivated to make efforts to achieve those goals
which are determined necessary for reunification with their family. We will not accept referrals with behaviors
which axe an immediate threat to themselves or others. In the event that a resident complains or is suspected of
having suicidal or self-injurious ideation's, an outside agency or qtmlified individual may be contacted for
assessment and recommenciations.
It is preferred that applicants be court ordered and in county custody before placement at Safe Haven Shelter
For Youth's Boys Group Home. The purpose of this would be to ensure that the legal system has granted
permission and support for ~'eamaent services, to safeguard the program, and to safeguard the rights of the
applicants and their families. This would also help to assure that premature interruption of services due to
voluntary placements would not occur.
Equal treatment and access to services will be provided to all applicants without regard to race, creed, color,
national origin, religion, physical handicap, sexual preference, public assistance status or marital status.
C. AGE, POPULATION AND PER DIEM
We will accept appropriate referrals between the ages of I0 and 17 years.
We intend to operate with six boys.
The per diem rate is $I 15.00. (est.)
O. RESOURCES
Area resources are used to meet the needs of each individual resident's program as well as Group Home
licensing requirement. These resources include:
1. Scott County Social Services
2. Licensed Psychologist - MaRhew Gundlach; Licensed Psychiatry - Behavioral Health Services. MA
payments will be accepted.
3. Carver-Scott Educational Cooperative which offers many programs to prepare young people for being
on their own.
A Public School System ~quipped to provide educatioaal programs for nearly any situation.
5. Medical Care at St. Francis Medical Center, Park Nicollet Clinics, and St. Francis Hospital.
6. Dental Care through several local dental offices.
7. All residents wishing to attend church (of their choice) are provided the opportunity to do so.
8. Minnesota River Valley Special Education Cooperative.
9 The CAP Agency (local food and supply shelf)
10. Scott County Public Health
11. Scott County Employment/Training
12. City recreational and continuing Education Programs.
13. City parks, skating finks, Area Lakes, Clearly Regional Park, Dakotah Health Club, and the Chaska
Theater.
We closely coordinate all of our program services with those provided by outside persons or agencies by direct
pe~onal contact and / or Inter-agency Staffings. These contacts are maintained by all Group Home personnel
and coordinated by the Group Home Director or Program Director.
4
E. REFER. KAL CRITERIA
The geographic area served by the Group Home of Safe Haven Shelter For Youth will be the seven County
Metropolitan Area, McLeod, Sibley, Le Sueur, R/ce, Goodhue, Steele, Waseca, Nicollet, Renville, Meeker,
Kandiyohi, Blue Earth, and Chippewa of Minnesota.
Admission to the Group Home may be initiated by Social Services and/or Corrections by contacting the
Director of the Group Home with a referral which will then be reviewed by the Director and the Group Home
Staff. Admission criteria to be considered are:
Generally the applicant should be 10 to 17 years of age. If the applicant is 9 years of age at the tLme of
referral, a verbal and written waiver must be requested and received before admission may take place.
If placement is emergent, admission may occur by verbal waiver through the Department of
Licensing/Department of Human Services. However, this verbal waiver must be followed by a written
request and written approval waiver within thirty (30) days of admission.
If the applicant is 17 years of age at the time of placement but will reach the age of 18 years during
placement, a waiver will be requested in writing ttfirty (30) days prior to the client's birthday. If waiver
approval is received from the Department of Licensing/Department of Human Services, the client will
be provided with an individual abuse prevention plan as well as orientation to this plan. The plan and
orientation must include internal reporting protocol as well as reporting process for maltreatment of
vulnerable adults.
The Group Home Program requires that any client younger than age 10 or older than 18 be currently in
grades 4 - 12.
The applicant must be of good health. A medical and dental examination must be obtained either prior
to Admission or within the resident's first month of his placement if he has not had one within the last
12 months. If the resident is accepted and placement continues beyond the 12 month period in which
physical and dental examinations were received, another physical and dental examination will be
scheduled. Signed verification by dentist and physician will be obtained for client file.
The applicant must be interested in improving his life situation and be willing to contract for specific
areas of improvement.
4. The contractual agreement must be made with referring agency for financial responsibility.
The following information is required at the time of referral:
A. General Information.
B. Social History.
Psychological Evaluation. Ifa current evaluation is not available, Save Haven will schedule an
appointment with a Licensed Psychologist and provide transportation to appointments.
Referral Criteria continued...
The following information is required at the time of admission:
Verification of physical and dental examination signed by the providing
physician/dentist if received during the past 12 months prior to admission.
2. Insurance or Medical Assistance information.
We do not accept residents who pose any threat to other residents or who have severe acting out behaviors. If
the child is to remm to his home environment, his family must be willing to become involved with our
program.
F. ADMISSION
If, from the referral information, it appears that the applicant is appropriate for the pro.am, a Pre-Placement
Staffing can be scheduled.
At the Admission Staffing or Pre-Placement Visit, the resident and family's prior areas of difficulty as well as
s~xengths are outlined by the referring agent, parent(s) and the client being referred. These areas are then
written as target behaviors to be addressed during the resident(s) treatment pro.am at the Group Home.
On the day of admission, those target behaviors are discussed with the referring agent(s), parent(s) and the
client. It is explained that the client will be assigned weekly goals that address these target behaviors and will
be evaluated daily. The Group Home Rules and Policies are also discussed.
Any needed medical and dental examinations will be discussed and set up by the Group Home if the client has
not received either during the previous twelve (12) month period. If these services are set up by the Group
Home, financial responsibility rests with client's legal guardian.
A release will also be signed by parent and/or guardian to allow for any other necessary medical services
required during placement. These services will be documented at the time received for parental, client and
licensing reviewal. Necessary release of information forms will be signed. An activity authorization will also
be signed.
At the Admission Staffing, placement plans, estimated length of placement and discharge are discussed.
G. PROGRAM PLAN FOR RESIDENTS
Afier the resident is accepted for admission, an individual plan will be formulated for that resident. A part of
each resident's program will include the following:
Upon admission and for the first thirty (30) days of placement each resident's goals
include:
1.
3.
Familiarizing himself with Group Home Rules and Policies.
Beginning to build positive relationships with her peers and authorities.
Follow the roles of the Group Home, school and community as well as accept the
consequences when he does not.
Further explore the areas he would like to work on while at the Group Home.
After thirty (30) days a Staffing is held to discuss the client's transition into the Group Home Program and
school. His progress and areas of difficulty, areas and issues he has identified as those he would like to work
on as well as any further issues the group home has identified will be reviewed. Discussion involves
opportunities for client, parents, referring agents and outside therapists to give input on the goals the client will
work on throughout his program as well az those that will be concentrated on in the next six to eight
weeks. A staffing including all of the above people will continue to be held every six to eight weeks
throughout placement. Written Staffing Reports outlining the client's goals, progress or lack of progress on
these goals as well as the status of the family meetings, jobs, community services, medical, school and any
other outside activity information are also given to the client, parent, referring agent and therapists every six to
eight weeks. A Discharge Staffing will also be provided to discuss completion of the program,
recommendations and After-care plans.
2. Upon entering the group home, each resident is assigned a Primary Counselor who will function as that
resident's primary worker tkroughout and after his placement at the Group Home. The Primary Counselor will
work closely with resident and his family/foster family, supervising home visits and providing counseling and
support to the resident and his family.
3. All clients participate in behavioral/self awareness group daily, which is conducted by the Group Home
Counselors. The modality of the group is geared toward positive peer culture and behavioral modification.
Each resident works on a behavioral Check List which is designed for their specific needs. Residents are asked
to reevaluate these ~veekly and give their recommendations to Staff. The Group Home Staffreview these
weekly. The group home also offers sexuality, chemical awareness, spirituality, and communication groups.
4. One to one counseling is provided by the Group Home Counselors and Primary Counselor. This will
be done both formally as well as informally and be supervised by the Program Director. The Program Director
will also be involved in one-to-one counseling upon the request from the Group Home Staff. If further
counseling outside of the Group Home program is needed, it will be closely coordinated by the Primary
Counselor and Pro,m-am Director.
5. Family Meetings are a most important part of our program and are begun once it is felt the client is
ready to begin taking responsibility for his behavior. Family Meetings are facilitated by the Primary Counselor
and are for the purpose of building communication, problem solving, and developing age appropriate roles,
responsibilities and consequences.
6. A sound educational program will be worked out with the Prior Lake Public Schools in relation to each
resident's needs.
7
G. Program Plan for Residents continued...
7. Recreational activities will be provided each resident, both in, and outside the Group Home. These
activities will alternately be designed either to meet the resident's interest or to promote new interests.
H. FAMILY INVOLVEMENT
Parental visits are scheduled as each situation indicates. Visits to home or potential foster home are
encouraged as they are beneficial to the resident and their progress in the program. Visits usually start out
slowly and increase until they are weekly closer to discharge. During these weekend visits, the parents will be
instructed to utilize home visit reports and to discuss specific areas assigned with their ckild. Also, parents
will be asked to discuss what progress they have seen made in these areas and any suggestions they may have
for achieving the desired behaviors. Visitation to the Group Home will be on a prearranged basis so there will
be no conflicts in the resident's schedule. The family will be invited to attend weekly family group.
The Program Director and/or Primary Counselors of the Group Home will have regular contact with the
resident's family, potential foster family, referring agent and any outside Therapist working with the client.
I. REQUIREMENTS
Discharge decisions are already in progress at the time of admission. During our admission procedure, each
resident is made aware of what is expected of them while they are at the Group Home, what specific areas of
behavior they need to address in order to be considered for discharge and approximately how long they can
expect to be residents of the Group Home. Each resident is made clearly aware of the following areas that
affect discharge decisions:
Goal Progress or how the resident has gained in those behavioral areas that initially necessitated
placement.
Group progress or how the resident has learned to g/ve and take in the group process, i.e., has he
helped other residents to learn to deal with their problems, has he accepted helpful suggestions
from other residents to better deal with his problems.
Home visit progress: how the resident's home visits have gone, have previous problems been
worked out. This progress is determined by written home visit evaluation reports, family group
participation, and family meetings with the Primary Counselors.
Attitude towards treatment: has the resident actively taken part in helping the process, has the
resident cooperated or rather just played games, has the resident's attitude improved to the point
of withstanding strong negative peer pressure once discharged.
School improvement: has the resident made a fair effort to do well in school, is the resident
passing, has the resident had any major problems in relation to school.
Job attainment: (in appropriate cases where job securement is a requirement for discharge), has
the resident secured a fair job that has promise for good pay and continued employment.
Recommendation of all concerned parties: Is the Group Home recommending discharge, has
the Social Worker. parent(s), Probation Officer and resident accepted the idea. 8
All discharge decisions are based on ail of the above, and all of the above are also thoroughly
discussed at Staffings for each resident.
Each resident is measured daily in the areas outlined above. The weekly evaluation form shows
each resident how he is performing in the areas of goai achievement, house attitude and house
responsibility. Criteria for discharge is that consistent behavior levels are being maintained and
that all of the initial target behaviors have been ~ti~factorily addressed and accomplished.
Satisfactory accomplishment ora target behavior is determined by daily scores earned in the
area of goal achievement.
10.
The resident's family and the resident negotiate a home contract prior to discharge. This
contract will have been put into practice on home visits prior to discharge.
11.
Aftercare: Follow-up calls will be made to the home I or more times per week for the first eight
weeks. The boy and his family will be invited to weekly family group.
J. CONTROL AND DISCIPLINE POLICIES
DISCIPLINE
Discipline for misbehavior or failure to comply with Group Home Rules results in being restricted.
Refer to a subsequent sheet for clear definition as to what our specific restriction policy is. Staff aione has the
authority to place any resident on restriction and it is up to the discretion of the on-duty Staffto specify type,
duration and documentation of said restriction in the StaffLog.
In any case where a resident is involved with behavior so severe or with a major infraction of Group Home
Rules that it involves possible expulsion from the Group Home, the decision for said expulsion rests with the
Director and the Director alone--although the Director's decision may be a result ora Staff Consultation as
well as Resident Consultation. In most cases, the Director will attempt to mediate each situation to prevent
expulsion from taking place, but when expulsion is called for, it is the sole responsibility of the Director.
Corporal punishment is absolutely forbidden by any and ail Group Home Staff, and any physical contact with
any resident is absolutely forbidden, unless the client is in danger of harmlng himself or others. If counselors
find themselves in a situation where a resident is out of conlxol, they are to telephone the Prior Lake Police
Department at (91 I) and the police wilt respond to the call within minutes. The Group Home's Policy for
restraining clients must be used if a restraint is necessary until the police arrive.
CHAPTER 15
Safe Haven for Youth Procedure Manuel
Policy
Safe Haven for Youth Group Home believes that the best prevention for violent
behavior from the residents is the use of verbal defusing techniques and the use of
positive physical exertion, before the situation escalates to the point where physical
restraint is required. But when, for the safety of residents and staff, physical restraint is
needed, the following procedures and techniques must be followed.
Definitions
Therapeutic intervention: When staff confronts a resident in an attempt to secure the
group home and keep both staff and residents safe. Therapeutic intervention includes
both verbal and physical techniques.
Therapeutic holding techniques: Physical restraint that is used to keep the residents and
staff safe until police assistance is obtained. Physical restraint may only be admirdstered
in the techniques listed in this policy Manual and after u'6lizing all other means of
intervention.
Procedure
Violent behavior from a resident, acting physically aggressive, although not conunon
behavior, is always possible. This is an extremely serious situation as the residents place
themselves and others at risk. Ia/hen this happens, residents must be handled exactly as
outlined in the following chapter. Staff needs to learn the warning signs for predicting
violent behavior, causes of aggression and confrontation techrdques so as to avoid
whenever possible the use of physical restraint It is always preferred that staff use re-
direction and defusing techniques in therapeutic intervention before physical restraint.
!gfhen initiating a physical restraint, the police should be called so that the resident may
be placed at a higher level of care to maintain his safety and the safety of others.
Causes of Aggression
Physical restraint can best be avoided by learning what causes aggression. Staff should
observe and be sensitive to the behavior of residents so as to learn the specific reasons
residents become aggressive.
1. Fear. When people are frightened they are most likely to strike out Identify the fear
and reassure the upset person.
2. Denied request. Anytime a resident is told "no" or if the environment says "no". Try
to suggest alternatives instead of givLng the client a flat" no".
3. Given orders. No one likes to be given orders. Give requests and options instead.
4. Frustration. Inability to complete tasks, inability to communicate. Often this is the
cause of many events. Try again to give alternatives. Journaling or physical activity will
sometimes help in venting frustration.
5. Revenge. For reai or imagined reasons.
6.Physical discomfort. Especially if unable to communicate it.
7. Delusions or loss of contact with reality.
8. Jealousy. Of staff, peers, and others.
Warning Signs for Predicting Violent Behavior
1. History-this is the best predictor of future behaviors.
2. Threats-Take threats seriously.
3. Increased motor activity-pacing, running, inability to sit down.
4. Decreased motor activity- may appear withdrawn, even catatonic.
5. Tense appearance-clenched fists, ~ightened jaw muscles.
6. Increased perspiration/rapid brea~hing.
7. Change in volume- Loud raised voice, low muttering voice.
8. Target touching- unexpected touch by an angry or agitated individual.
9. Unusual speech content- Delusional, nonsensical or paranoid speech content.
10 Unwillingness to make eye contact.
11. Col following stare. If the anger seems to be directed at you directly, utilize another
staff in defusing. If the stare seems to be directed at a specific resident, separate the
residents physically while defusing (i.e. ask the resident who is not escalated to move to
a different room temporarily).
Confrontation Avoidance Techniques
1. Prevent the unpleasant event.
2. Divert the resident's attention from the event.
3. Remove the resident from the situation.
4. Teach the resident new responses to the event.
5. Maintain your state of relaxation and serf-control at all times.
6. Approach calmly, non-dramatically. Use a calm, Iow voice.
7. Talk to the resident at eye level. Invite the resident to sit down with you.
8. Don't corner the resident physically or psychologically. Leave the resident some
options.
Acting Out Behaviors and Action Plans
Low Risk
Low risk behaviors include mild agitation, harsh language, mild hyperactivity, and
reluctance to comply with prompts. The action plan for handling these situations
should utilize processing in group, processing in a session with counselor, use of a
relaxation ~ape or a physical activity (recreation), some ~rne in private, encourage use of
assertiveness skills, assign consequences as needed.
Medium Risk
Medium risk behaviors include verbal statement indicating desire to destroy property
with threats against others, moderate agitation, hy'peractivity, abusing property short of
destruction, pushing others, refusal to comply with prompts, mild resistance to physical
or verbal contact. The action plan for debasing and de-escalating a resident at moderate
risk for physical behaviors should include isolating the resident from others, remove
the audience. Remove any potential weapons, i.e. pencils. Kitchen knives, etc. Remain at
arms length from the resident. Process the inddent or feelings as soon as possible with
counselor or in group. Provide one to one stuff attention. Encourage use of
assertiveness skills. Suggest use of relaxation or meditation techniques( could be as
simple as counting backwords from 10). Re-integrate the resident when a low risk level
is achieved. Assign consequences as needed after dc cscalated.
Actual Acting Out
This includes destruction of property, assault of others, severe agitation and or
hyperactivity, general loss of control of emotions. The plan for handling actual acting
out should be put in place as follows:
Isolate the resident using all available staff.
Use physical therapeutic intervention techniques as needed. Call the police for
assistance. If the police are contacted, you must also phone the program director as
soon as the situation allows.
Assign one staff member for observation when medium risk is achieved.
Terminate one to one observation when low risk is achieved and integ'rate with others.
Process in group or one to one with Primary Counselor as soon as possible. Assign any
consequences when low risk is achieved.
Program Director must notify the Executive Director whenever police are called to the
facility.
An incident of actual acting out should always be written up in the staff log and on an
incident report.
Staff should NEVER use another resident in a physical restraint. A resident may be
uMIi~ed to make an emergency call if directed to do so by staff (this would be only in an
extreme emergency).
Approved Techniques for Therapeutic Holding (restraint)
~SCOrtS
A simple escort may be used, a one person escort may be used, or a two person escort
may be used. Training on these techniques will be provided at regular interval. If you
are not comfortable with your knowledge on any of these techniques, see your
supervisor immediately.
Blocks
Basic stance, Inside Block, Outside Block and Down Block may be used. You will note in
training that each of these procedures are purely defensive. Safe Haven does not
approve the use of any offensive blocks.
Takedowns
A group of three staff encircles the resident and holding him gently lowers him to the
ground.
Holds
Prone Holding Position may be used after a take-down if the person remains actively
resistive or ag~essive, or if it appears the resident will resume his threatening
behavior, the prone position may be used. The police should be in route in this
Reminders
It is essential that the incident is properly documented. If the police are called the
Program Director or Executive Director must be notified!
In all cases of restraint a staff interview will be conducted by Program Director within
five working days to examine the use of restraint, the use of less restrictive measures,
the prevention of further inddents, and reviewing all documentation.
Incident reports will be sent to the placing county.
Incident Reports
Incident reports are written for behaviors and incidents which require attention I'~,.-yond the
normal routine. Examples of these situations inch,de;
Medical attention/emergency
Theft
Physical aggression/threatening statements
Run
Smokin~use of tobacco product or paraphernalia
Weapon possession
Use of chemicals
Property destruction
Suicidal ideation
Harassment] threats by parent/legal guardian
OFF grounds AWOL
Law Enforcement Center assistance
Mandated reporting isst,es
Therapeutic holding(restraint)
Self-injurious behavior
Incident reports are to be filled ont before leaving the shil't. If more Ihan olle staff' witnessed
the event be sure to discuss who will complete this duty. The original copy is to be given
to the Program Director. The incident should also be described in the staff log wiflt as
much information as possible allowing other staff to be aware of the incident.
Incident reports will be typed and filed in the resident's file and a copy will he mailed to the
placing agent within three working days. Incidents such as this frequently will result in an
immediate call to the placing agent. This is a decision which will be made by the [~rognm~
Director and the Primary Counselor.
PROGRESS REPORT AND GOAL PROGRESS
At each staffing (intake, treatment planning, progress, and discharge) lite Primary
Counselor for each resident will prepare a typed summary of the resideut's progress. This
will include a cover sheet with a brief numeric rating of the resident's key areas ,,f
programming. The numeric scale will range from one to five, with five deuoting all
treatment goals/methods completed and one denoting regression.
The second portion of monthly report will state the treatment goals and a brief stulement
regarding the progress or lack of progress. This document should, when read at discharge,
give an overview of the resident's stay at Safe Haven and the success of their
individualized treatment plan.
DAILY ROUTINE
The boys will begin the weekdays at 6 a.m. The boys will be responsible for
tidying their rooms, morning hygiene, and breakfast. At 7:00 a.m. most residents
will load a bus for mainstream school. Any resident remaining, would begin
studyhall in the group home. The boys who attend mainstream school will
return to the group home shortly after 2 p.m. The early afternoon would begin
with two hours of group recreational activity. Examples of recreation inclu~
team sports, Project Adventure games, and community outings to sample other
recreational opportunities.
At 5 p.m. the boys will prepare for dinner. The dinner will be served at 6 p.m.
At 7 p.m. the boys would gather for evening group. The groups held will
]nc]ude pro-social skills training, power of choice, and spirituality. On
Friday evening, parents will be invited for family group. This will be an
opportunity to prepare families for the weekend visits. Boys in the program
will be visiting their homes typically every weekend or every other weckend.
't 8 p.m. the boys.will have free time. The residents will be expected
to be in their beds with the lights out at 10 p.m.
Saturday will begin with a 7:30 a.m. waking time followed by breakfast. The day
continues with household duties to ensure that a].] areas of the home are
properly cleaned. Following the Saturday cleaning, the residents will have
fr~e time until l~nch prep~-~tion begins. Parents w~]l be encouraged t~
visiL residents who are not on homevisJts. Visiting hours will be flexibl~
to encourage parental support and relationship b~]ilding.
I'hs weekends wi]] also conjoin u~:}~edu]ed community outings ~o enhance
interests, tezch access to community resources, and model pro-social skills
in a commur]i~:y environment.. An example would be spending ~me at the library.
Sunday mornings each resident will have the opportunity to attend church wiuh
family or with a Safe Haven Volunteer. The Sunday schedule will also allow
for flexible family visits for boys who are not on home visits.
ROUTINE CDNTINUED
~creational activities will be scheduled at the group home. Home visits will
end on Sunday evenings. The parents will be encouraged to ex,.her fill out a
summary questionnare of ~he weekend visit or meet with a col]nselor to
discuss ~he weekend.
F;nuncin~ the Group ~ome:
Sources of funds will come annu*-*il? from three primary sources:
1) Client F~es - The host county conu-act p~ diem for placement ora child is expected to be approximately
$l I5.00 x 6 kid~ x 365 days =
Operating at 80% or greater capacity will allow uz to attain finuncial stability.
2) Ormats* and Private GiRs** - $45,000 has been Iarg~ gift to da~e.
3) Soecial Events and Fund Raisin~
Note: We receive no money fi'om the Uni~[ Way.
Safe Haven Shelter For Youth plaaz to have $200,000 raised before purchasing a home. This is how Safe
Haven Shelter For Youth ~ sustain ~una'e 6n~ncial ~a/:fility and conliuued gmwr~ We recently signed a one
year le~ze for a home in Prior Lake to begin Ol~-a~ng. Th~ home will have a capacity of six boys.
* Fotmdar~on support is pending for the following: No.aero St~t~ Power $1,000, the Larry O'Shaug~es~
Charitable Trust $10,000, Rauenhor~ Fotmda~ion $15,000.
** A~ anonymous gift of 545,000.00 wa~ received in January of 1996 with additional funds offered and
available ff needed.
*** An all ai~ht Dance-a-thon w~ held at St. Mictmel's C~urcb in Prior Lake on Ju~e 28, 1996. Over
$1,000.00 was pledged to support the group home. Over 20 companies donated prizes and cash,
including: Rollerblade, Inc.,, K-Mart, Dayton's, Super Valu, Marquette Bank, Signal Bank, Prior Lake
State Bank, and First Bank.
ITEM
Salaries
Liability, Vehicle, Business
Workman's Compensation
FICA/Medicare
State Unemployment
Phone
Rent/Mortgage
Food
Vehicle License
Vehicle Lease
Utilities
Waste Management
Employee Benefits
Clinical Services
Legal/Acctg.
Computer
Copier-Maintenance
Dues/SubscdLic. Fees
Marketing
Miscellaneous
Building Kepair
Office Supplies
Program Supplies/Program Exp.
Postage
Printing
Seminars/Training
Vehicle Gas
Vehicle Maintenance
Linens
Allowances
Clothes
TOTAL
Per diem
SAFE ["~¥EN SHELTER FOR YOUTH
B~u~;g'r FOR 1997
1997
Projected
Expenses
$ 139,000
$ 4,000
1,500
8,735.
2,190.
1,300.
10,995.
6,000.
150.
3,000.
2,500.
400.
4,000.
4,000.
500.
500.
300.
450.
1,750.
1,000.
1,500.
500.
3,500.
200.
1,000.
3,000.
1,000.
300.
75.
1,000.
500.
204,845.00
$ 115.
13
Sate Haven Shelter For Youth
Balance Sheet
December 31, 1996
ASSETS
C~sh
Accounts Receivable
Investment and Secur/t/es
Land, Building, and Equipment
Oriler Assets
Total Assets
25,770.83
O.
O.
O.
O.
25,770.~
LIABILITIES
Accounts Payable
Mortgage and other Notes
Fund Balance
Total Liabilities & Fund Balance
O.
O.
25,770.83
25,770.83
14
Budget Narrative
Clinical Services: Dollars allocated for th~s budget item will cover incidental cost related to Safe Haven
contracting with, but not limited to, Licensed Social Workers, Outside Counseling Services, Psychological
consultants, Psychian'ic coasultants, and medical, dental, or uuming professionals.
Program Supplies and Expenses: Dollars allocated for this budget item will cover tralning materials for clients
and staff, manuals, curriculum materials, or copying and development of curriculums. (Example, Boys Town
curriculum). TEis item will also include small stipends earned by resident~ for shoveling, cutting the lawn, or
other work beyond the normal expected chores.
Allowances: Allowances will be given to each resident on a weekly basis. The allowance will be a maximum
of $5.00 per week. The plan is to give coins only. This way, [fa resident has dollar bills, staffwill know
something is happening.
Clothing: Dollars allocated for this budget item will cover only incidental clothing for residents. It is up to the
county and the parents to fund the child's primary clothing.
Emplovee Benefits: Full-time employees will receive about $1,000.00 in benefits to offset
health/dental/life/disability insurance, or day care costs.
MSP:¢:buahfdn2
14
Per Diem Inclusions and Exclusions
Inclusions: Room and board, most recreational activities, 24 hour supervision, most transportation,
counseling for youth and their families, program supplies, most school supplies, various skills training and
development, incidental clinical consultation, bacidental clothing, and general (vs. fashion or expensive name-
brand) personal care products.
Exclusions: Primar/clothing and wardrobe, medical and dental charges, psychological evaluations, extra-
curricular or other school fees, equipment needs for extra-earricular activities, other items normally reimbursed
by the placement agency, County, or parents of group home placements.
Management
The board of directors $overns the organ/zation widaa passionate concmm for its d/r~c~iora No
compensation is pa/d to my member of the Board of Directors for servicas as a member o£the
Board of D/rectors.
Organ/zdorm/Cha~,
Board of Directors
ExecurivJ Dir~mr
-- Offica Mfmager
2 Primary forms c Cotmselors
/
Voltmt~..~ & Interns
Staff:
Executive Director - Dan Saad 440-~79
Program Dire~or - Peggy Hawel1226-1~8
Group. Home Information:
Group Home Phone - (612) 226-1488
Group Home Addr~s - 16706 Dublin Road, Prior Lake., ~ 5537'2
Safe Haven Shelter For Youth
Board of Directors (1-9-97)
Daniel D. Saad
Stephen A. Frenz
Rebecca D. Saad
Jeanne M. Pahl
Dr. Craig Olson
Charles F. De Vet
.Address
14750 West Bumsville Pkwy. #149, Bumsville, MN 55306
5541 Portland Ave., Minneapolis, IvlN 55417
14750 West Burnsville Pkwy. #149, Bumsville, MN 55306
3331 Akers Lane, Jordan, MN 55352
1400 Blue Heron Trail, Shakopec, MN 55379
2965 Spring Lake Road, Prior Lake, MN 55372
SAFE HAVEN SHELTER FOR YOUTH
JOB TITL£: PROGR.AM DIRECTOR
DEPARTMENT: GROUP HOME
TITLE OF [1V[N[ED[ATE SUPERVISOR: EXECUTIVE D{RECTOR
JOB S~Y:
Coordinates Services r~garding supervision of clients pr%m'amming and ~e m~emen~
Assi~ in ~e adminis~ion of~e ~up home. Coo~in~ se~ices ~g~ing client m~i~, ~u~fion~,
~d empto~ent n~.
TASK ~O. DESCRIFI'ION:
A. Determines treatment programs, recommend~ goal and objeclives in cooperation with Executive
Director and Staffto the Advisory Board for approval of the Board of Directom: develops and maintains
operating procedures to implement and ensure complianc~ with State Rules, Regulations and County
Policies.
B. Supervises Group Home-Staffand interns, e.g. Assi~s cases. Monitors and reviews case records,
evaluates performance, interviews, hires, facilitates i:,aining, diicipline and terminates with the approval of
the Executive Director.
C. Supervises Treatment Programs including scheduling conducting Admission Sta../~, Assisting or
guiding Counselors with difficult cns~, and determix~ng appropriateness of Discharffes, Pl~cements and
Referral Plans.
D. Prepares report~ Including Quarmrty Status Reports, Licensing ReportS, Annual IV-E Co~t Analysis and
determines monthly bills to Counties for Per Diem Expenditures.
E. Determines client Admissions by conducing imerviews and/or reviewing refewal information to assess
client needs and level of services required.
F. Collaborates with Referral Sotm:es to coordinate individual client program needs and report Client
Stares/Progress: may provide Court Testimony mgmding reports.
G. May provide Dir~nt, Individual, Group, Family Counseling or Crisis Intervention. Doc~anent client
contacts, activities and phone conve~satioes.
H. Responds to and r~olves problems/concerns f~m the General Public.~eferral Agenciez; serves as
Resouroe to Community; participates in Public Hearing~ regarding Group Home Programs.
[. Attends workshops and conferences pertinent to thc mission of the Group Home. Attends bimonthly
me~ting~ of Directors of Rule Ii Group Homes. Completes a minimum of thirty hours per yem' of
continuing education.
P~ge ~
TASK NO. DE$CRIPTION:
J. Pmvid~ on the job training to new ~ploye~s.
Coo~ina~ ~tim~~ m~ n~.
t. ~nsu~ comm~i~on m f~ili~ ~d mf~ng ~enm.
2. Pu~h~ m~i~o~ ~d ~ m~b~nt by p~nt or m~i~ ~i~.
M. Coo~inat~ Clien~' Edu~o~ ~.
I. Provides inifi~ back~ ~o~-ffon to ~s~ schools in s~ng
2. Se~es ~ li~n b~ ~e ~ home ~d schools
3. Coo~in~e ~ly eompl~ of~m~ ~d pm~s ~o~
N. ~sim in ~e coo~mafion of~lie~ ~plo~ent n~.
O. Coo~inates Sch~ulin~ ~1o~ ~ao~t ~o~, ~d ~om ~u~ve D~r of f~ffi~
m~ten~ce
P. P~p~ mpom ~g M~ D~ Sch~l ~d Co~ S~ic~ ~or m eti~l S~.
Q. ~si~ ~ ~e dmi~ c~on md ~l~on of m~ ~.
WO~ ~O~:
Wo~ ins peffom~ ~ ~e Gm~ Home F~ili~, in vehicl~ cliffs hom~ Co~ Co~o~
Schools, Medic~ ~d Men~ H~ Fmili~ md R~hon~ se~.
Expos~ my ~clude ~ly vol~le ~li~. Oc~ion~ly a hold may
~iient who is in ~g~ offing ~ifor ~em. ~ ~ include b~y flui~ m~le
dis~ md ho~ehold b.~om ~i~
Duties include being ~le ~ ~om ~e following mov~: W~kin~ b~d~ ~in~ ~i~n~
p~hin~ pullin~ ~tin~ sqm~n~ ~ ~ffin~ ~vin~ ~pin~ md fing~ m~ipul~om.
O~ionally some [iffing ~ ~ 50 l~
~LO~ ST~:
Ed~on ~d
BA De~ in P~cholo~, ~iolo~, ~ial Wo~ or mlat~ fiel~ md ~ l~ ~ y~ ofml~
wo~ expe~ence.
P~e3
K. nowled~e. Abilities and Skills:
~xcellent knowledge of Adotescont Behavior, Devetopmenx and Treatment Approaches. Knowledge of
Communiw R~sources. Knawledge of Trends in Ado/escen~ Ca~. Mus~ be skilled in indiv/du,xl Counseling,
Group Counseling, Family Counseling, Crisis int~rventiom SmfFM~agement. Budget Planning, and Fiscal
Management- The Abili~ to work trader high su~ss situations and communicate effec~vely aad professionally
at all levels, including angry and potentially volatile clients, parem~ and visitors. The ability to work as ~ Team
re:tuber and independently. The ability tO emotionally ~ fi~m issues and be objective as well as determine
when Referral Services az~ ae~led. ..............
ORGAbr/Z~T~ONAL RELATIONSI:rrl~:
F.D~CD liv'~ D[RSCTOR
I
PROGRAM D[R.ECTOR
PRIMA~Y COUNSELORS
OFFICE ASSISTANT
OVER.NIGHT STAFF PART-TIME STAFF
SAFE HAVEN SHELTER FOR YOUTH
~IO[~ 'I'I'I'I~E: Priraary Counselor
D EPARTME:¥r: GROUP HOME
l'l-i LE OF I1VIIVI~DL4.TE SUPF_..RV'ISOR: Program Direc~ar
JOB S~Y:
Provide counseling and supervision for up to six residems. Provide Primary Care for three to four
Group Home residents and their family.
TASK ,.NO. DESCRIPTION:
Provide counseling services for up to 6 residents.
A. Provide a supportive, anrmring environment with consistent consequences and positive reinforonrnen~s to
ensure consistency and quality of car~.
B. Supervise and ensure tha~ residents operate within program =ouideiines to provide opportunity for behavioral
analysis a~d ensure safety.
C. Keep current on all background information and overall program in order to participate as a te~m member
and quality of cae.
D. Role model, recommend, and n'-~h ¢onflic~ resolution tedmiques, ~sert/veness skills, anger resolution
techniques, personal relationship sh'lls, communication sldll~ and problem solving skills.
E. Provide crisis intervention, ~lore, identify, and/or resolve con/Ii,ars.
F. Conducl one-to-one counseling sessions.
G. Facilitate daily behavioral groups.
H. Read and respond to ¢lienfs daily goal writings to ensure eiiem~ are able to andersrand ~nd relate news
information to themselves.
[. Organize and supervise recre~ional activitias.
J'. Supervise, teach, evalua~ and document daily on elie~s regard~g:.
1. Responsibilities of home maintenance, personal hygiene, ~x~king, smdins, employment, doc~r,
dentist' and psychiatric appoin~nents, and recreational activities.
2. Behaviors: interactions with pe~s, anl:horky, md family.
3. Efforts of lack of efforts in working on or with ~re:urnent approaches such as daily journaling,
behavioral groups, and one-m-one counseling sessions.
TAXI( NO.
DESCRIPTION:
K. Conduct interviews and prepar~ reports of abuse or neglect other than sm. ff re client.
L. Provide wansporration.
Coordinate c~se managemecr on up to four residents.
A. ~inr. ain client files including weekly scorn s~eer. L ~als completed, and my incoming infon'natio~.
B. Coordinating services to ensur~ necessary communic~on with par~n~, r~ferring agenr~, and other
professionals working with primary ciient~ and their family.
C. Facilitate I0 week sta.,~rmg~ and prepare sial:flag r~por~.
1. Recommend and e~ablish goal direction for thc ae~ 10 weeks.
2. Develop plan to c,vwry out these goals, comm,micate this dire~on and plan ~o all involved part/es.
3. Review for all involved parties previous goal directions, progr~s or lac,~ of pro/teas, and any
significant event such as medical, school, i'ecr~/onal, community servic,e, or restitution activities.
D. A~tend cour~ when
E. Facilitate family meeting~ to promote and r~ff communication skills and conflict resolutions.
F. provide crisis intervention, ass/st parent~ and client in lite negoriarlqg ofmal/stic a~e-appmpriate rules,
expeczaxions, and responsfoili~ies as well as
G. Conduct weekly one-to-one sessions to a~_sure consistent pro~'er~s on all current goals, evaluate the ~xas of
the goals, and determine further issues.
H. prepare for Tuesday Team SmiTing.
1. Recommend client goals and objectives.
2. Brief'team member~ on significant occ~,.,~c~s of the pa.~ week.
3. Utilize team for support and direction.
4. Repox significant progress or lack of pmgr~s in all areas of the Group Home program.
Perform any other retated work as apparent of assigned.
WORK Ex~VIRONMENT:
Work ins pe~ormed w~thin the G~up Home F~cili~. [n vehict~, cH~s homes, Coun~ Come.es.
Schools, Medical ~d Menmt H~I~ F~iliti~, ~d R~tional se~in~.
Exposures may include pot~ti~ly volatil~ clienm. Oc~ionally a hold may a~d to be peffo~ed on a
client who is in d~ger ofh~ing himelf or o~em. O~er ~x~s~ include ~y fluid, eomm~ic~le
dishes ~d household h~om ~emi~.
Dufi~ include being able m ~om
pmhin~ pullin~ ~!in~ sq-~n~ ~hin[ si~n~ ~vin~ ~pin~ ~d
Oc~ionally some liMng up m 50 lbs.
~owledge. Abilities ~d Skills:
Excellent understanding of Adolescent B~havior, Knowledge of Juwmile Civil Rights, Interpersonal
r~lationships, Family .Dynamios, Reality. Thm'apy, B~havior Modification, Posi~ve P~r Caltur~ Dyaamic~ of Abme,
and rife Laws pertaining to Reporting, Communio~tion, ~ven~.% Crisis Illt~g'vm:rdon, Conflict R~olu~on, Group
Facilitation, Behavioral Analysis, Problem Solving and Recreational SkilB.
The ability, to anderstsnd writmn and oral direrdor~ and im-a-uctiom. The ability to work under
stressful situations. The ability, to communicat~ and deal effe~vety and profe~ionally a~ ail levels within our
community including with angry and/or poteutiatly volatile clients, pareuts of visitors. Ability to work as a team
member and independently. The ability, to emotionally detach ~om izzuez and be objective.
0 RGA. tNIT_.ATIONAL 11F.I ..~.TION ~l:ul-S:
EXECUTI/E DIRECTOR
PROGRAM DIRECTOR OFFICE ASSISTANT
PKIMARY COUNSELORS OVERNIGHT STAFF PART-TIME STAFF
L
III.
SAFE I-LA. WEN SHELTER FOR YOUTH
JOB TITLE: 3/4 Time Nightwatch Supervisor
D EP.M1TNIENT: GROUP HOME
TITLE OF LMMED[ATE SUPERVISOR: Program Director
JOB S~Y:
Provide counseling and supervision ['or up to six residents during overnight shift.. Perform home
maintenance duties a~ assigned.
TASK NO. D ESCRIFI'ION:
Provide supervision and car~ ['or up to ten residents during overnight shi~
A. Provide a supportive, nurturing enviromment wi~ e, ousi.s~m~ ¢ousequences and positive r~inforcements to
ensure consistency and quality of care.
B. Supervise and ensure that residents operate within pmgran~ guidelines to l~vide opportunity for behavioral
analysis and ensure safety.
C. Role model, reconunend, and teach conflict resolut/oa tecfin£ques, asse~veness skilIs, anger resolution
techniques, personal r~tadonship skills, commanicalion ~'II~ and problem solving sldlLs.
D. Provide crisis intervention, explore, identif3,, md/or resolve conflicts.
E. Facilitate daily behavioral groups.
F. Read journals daily.
G. Supervise, =each, evaluate, and document daily on ctienm rt-,~a'ding:
t. Responsibilities of home maintenanc=, personal hygiene, cooking, studies, ~mployment, doctor,
dentist, and psychiatric appointments, and reermtional activities.
2. Behaviors: interactions with ~ ~,~ority, and family.
3. Efforts of lack of efforts toward working on or ¢ooper'adng with all elem~mis of Group Home
program.
H. Ensur~ residents ar~ made aware of daily appoinunm~' inform the schools of any ~xeused absences.
L Check n:Sidents nightly as many lim~s as need~ to mdm~ th~ ~re safe ~nd still there. Residents must be in
their own b~ts and asleep, with their music off.
J. Noti~ the Direc=or in the event of an emergency sim--,rlon.
Perform home maintenance duties as assigned.
Perform related wor~ as appar~m or assigned.
· Fag¢2
WORK ~NVIRONMENT:
Work ins performed within the Group Home Facility and in vehicles.
Exposures may include potentially volatile clients. Occasionally a bold may nend to be performed on a
client who is in danger of harming himself or othcr~. Other ~'q~osures inctude body fluids, communicable
diseases and household hn~,n~dous chemicals.
Duties include being able to peneorm Re following movements: Walking, bending, turning, misting,
pushing, pulling, knesting, squatting, readfing, d/ling, driving, grasping, and finger manipulations.
Occasionally some lifting up to $0 lbs.
F~M3PLOYMF~NT STANDARDS:
l~ducation and Exnerienc=:
2 year Technical Certificate or ret.r~ experience.
Knowledge. Abilities and Skills:
Basic knowk, dge of adolescent behav/or, communication, asserI:iveness, ct/sis intervention, conflict
resolution skills. The ability to tmderstand written and oral direcI/ons and/_nslruations. The ability to work
under anressful sin,,rlons. The ability to ~mmunicaxe and deal ~5'actively and professionally with angry and/or
potentially volatile ctien~, parents ofvisitom Ability to work as a mun m~mber and ind~endenfly.
ORGA~N~7.ATIONAL RELATION,~N ~
SIST~
PKINLM~,Y COUNSELORS OVERNIGHT STAFF PART-TIME STAFF
SAFE HAVEN FOR YOUTH
16706 Dublin Road
Prior Lake, MN S5317
A~-FACHMENT B
PLACEMENT AGREEMENT
responsible for
(City, County)
(Client's Name)
of
(Name of City)
for Youth (Provider), for the
, 199
The agency of financial responsibility is
address:
Placement Agency,
(Address)
, Minnesota, places and is
(Zip Code)
; son of
(Parent/Guardian Name)
, Minnesota, at Safe Haven Shelter
(Zip Code)
period from , 199 , to
The Placing and Financially Responsible Agencies and the Provider agree to abide by the
provisions of the Lead County Purchase of Service Agreement made by the County of Scott
and the Safe Haven Shelter for Youth. The dates of the Lead County Agreement are from
February 1, 1997, through January 31, 1998. (Copies of the Lead County Agreement are
available from the Provider upon request.)
The Placement Agency shall be responsible to the Provider for the following:
A specific statement in writing clarifying the legal authority for placement and the legal
status of the child at the time of placement.
Information in writing of any information known of the destructive and violent nature of
the client. This shall include, but not be limited to: arson, sexual assault, physical
assault, criminal damage to property, unauthorized use of motor vehicles, suicidal
threats or gestures, or animal abuse.
Full responsibility for providing for and arranging for the medical needs and expenses of
the child in placement. The Provider shall assist the placing agency by helping identify
and secure needed services.
Direct participation of the Placement Agency's assigned worker for planning after the
youth is admitted.
A copy of the child's placement plan and documentation of private insurance or Medical
Assistance coverage at the time of admission, or within seven (7) days of ~lacement
upon approval of the Provider.
f. Inform the Provider of ail administrative and court hearings.
The Provider agrees to be responsible to the Placement Agency for the following:
a. Inform the Placement Agency within one working day when a child is absent from the
Provider's facility.
b. Scheduling an individual placement plan review no less than every three months and at
the time of discharge.
c. Provision of a monthly progress report to the primary worker and a written summary and
recommendation within 15 days of a child's discharge.
All verbal communication delineating issues not contained in this document or the lead county
agreement must be confirmed in wdting within 5 working days.
The Primary Worker for the Placement Agency is
phone: , to whom the Provider shall direct all client communication.
All other limitations, reports, provisions or agreements should be added here:
Signature, Safe Haven Shelter for Youth Date
Signature, Agency of Financial Responsibility Date
Signature, Placement Agency
Distribution of Copies:
Parent
Placing Agency
County of Financial Responsibility
Safe Haven
Date
A'I-FACHM ENT C
Quarterly Report
Quarter:
Aqency: Safe Haven for Youth
First Second Third Fourth
Quarter Quarter Quarter Quarter
A. PERFORMANCE MEASURES
1. Number of clients residing in the home at
quarters end.
2. Number of clients admitted:
3. Number of clients discharged by facility:
a. Planned
b. Unplanned
4. Average length of placement of youth
discharged during the quarter:
a. Planned
b. Unplanned
B. OUTCOME MEASURES
1. Of those discharged, the percentage of
children reunited with their biological or
adoptive families.
2. Of those discharged, the percentage of
children placed in foster care ( long or short
term):
3. Of those discharged, the percentage of
children placed in another Rute 8 facility:
4. Of those discharged, the percentage of
children placed in a Rule 5 facility (residential
treatment, including state hospital):
5, Of those discharged, the percentage of
children placed in a psychiatric facility (acute
care hospital):
6, Of those discharged, the percentage of
children placed in a correctional setting:
7, Percentage of children living in a less
restrictive environment six months post
discharge:
Name/Title:
NR/jm
01-22-97
Safe Haven for Youth
Date:
ATTAC~ ])
Scotz County will not engage in any employment practices which
discrimlnane against or harass any employee or applicant for
emp!o?ment ~ecause of race, color, creed, religion, national origin,
sex, disa~i!i=~, age, marital status, or s~atus wi~ regard to public
assistance- Such emp!o?ment practices include, but ara not limited
to, the following: hiring, upgrading, demotion, %rotifer, rec=aitment
or recruitment advertising, se!ecnion, layoff, ~ci~Iina~ acC!on,
taL-~ination, rates of ~ay or other fo_--ms of compensation, and
selection for training, including apprentic~sh!p.
Fur--her, Scott C:unt? fully suppo.,.~s inco-~?oretion of
nondiscrim!na~icn =ales and regu!~ticns in~= connreo~ and will commit
the necessa~ ~ime and resources %c achieve the gca!s of E~aa!
Emplo!nnent Oppo-~'~unity.
A/~v employee of the Count-£ who does not comely with the Equal
Employment Op~c_~unity ~clicies and Procedures as set forth in this
S=at~men~ and Plan will be s~ject to disci~lina~f action.
subcontractor of the County not complying with all a~p!ica~!e
Empl=~ent Opportunity laws, directives and r~!atio~ of the
Federal, Stat~ and local gcvmrning bcd!es cr agencies thereof,
a~prcpriata cun=ractua! sanctions.
Scot= County has desi~ated the ~er~o~e! Director as the ~nager
=he ~a! Implo~en= Op~o~uni=y Progr~. These r~spo~ibi!ities will
include monitoring all E~a! Emp!o~en% Oppo~uni=y activities and
rmpo~ing =he effectiveness of this program, as ra~ir~d ~ Federal,
State and Local agencies. The Scott County A~!nis=ra%or will receive
and r~view ra~o~s on =he progress of the progr~. If any employee or
a~u!ican~ for emplo~ent believes he/she has ~een discriminated
against, please contact the Scot% County Personnel Director, Scot=
County Per~Cnne! Department, Rccm 104, Sc:ti County Courthouse,
Shakcpee, Minnesota 55379, or call (~12)
~cc~t-Ccunty Ac.m'.n~$ trato r
Ralp5 T. Ma!z ~ Date
Chairman, Board of Commissioners
DEC 1996
~ ~' ~i~E~II ~ ~ ~ COU~T~ ~UMA~ ~C~
Policy Administrator EKPLOYERS INSURANCE OF WAUSAU A Mutual Company
Certificate of Insurance
This is to certify that the lneur~ce policies
~ ~t fn ~ ~y alter, ~ or ~t~ the
ISSUED TO
I~kNE ~ NAILING ADORE'eS OF l#~..Ottm
A~rdlT OF REC~D ISSUING DAT£
~,IISTER# II~ AGENCY 12 ~ ~
17~ RI~ ~
~ ~ ~ 35113
Ty~e of l~ur~e Polf~ U~r (~/OA/YR) (~/OA/YR)
~rkers C~ati~ ~17 OO 13~ 12 ~ ~ 12 03 97
~CH ACCXOEHT S~O0,OOO/OlS~ ~LI~ LINIT SSOO,OOO~I~SE ~CH ENPLOYEE S100,000
~ Jss~ or ~y ~rtain, the ~ur~e effo~ ~ the ~LJ~ (~[JcJ~) ~rJ~ ~ve Is ~j~t to a~L of the te~,
exctw~ a~ c~t~ of s~ ~L~ C~[~c~) ~r~ the tern(s) ther~f.
PRCOUC~R NO. ISSUING OFFIC~ REGI(~
0929 PO B~X 1357 #PL
MINNEAPOLIS Hit 55~0-1357
(612) ~30-1700
western Znsu~amce Agency
1740 Rice S~=eeC
Sc Paul M~ 55113
CERTiFICATE OF UABll INSURANC. E cs.
PRODUCE THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
~'~o.,,,So, 612-A89-%119 ~x.*. 612-489-0507
iNSURED
BEC ?: ¢. 1996
Safe Haven Shelter For Youth
14750 W. Burnsville Pk-wy.,9149
Burnsville MN 55306
CERTIFI~T= MAY SS ISSUED OR ~Y ~RTAIN, ~= ,NSU~NCE AF~ROED aY ~S mLICIES 0SSCRiBED HEREIN ~S SUSJECT TO ALL ~E TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS.
~PE OF INSU~CE ~UCY NUMS~ DA~ (MMmD~) DATE
~L ~0~.~ I ' 1,000,000
A
OTHER
PROPESS'rONJ~*'
I~ROPER SEX. CT.
96-7152
96-7152
96-7152
12/18/86
12/18/96
***CERTIFICATE HOLDER A~DED AS ADDITIONAL INSURED***
12/18/~?
12/18/87
12/18/~7
PROOUCTE-COMP/OPAGG ] $ 1# 000#
P~-RSDNAL 5 AOV IN-IURY J * 1, 000, 000
EACH OCCUn~ENCE I S 1, 000, O00
F~RE DAMAGE (Any ~e fit mi I$ 100~ 000
CDMSiNED SINGLE UMIT t $ 1, 000,
AUTO ONLY - EA ACCIDENT I $
WC STATU-
LIABILITY 1,000,000
250,000
CERTIFICATE HOC~ER: .:
SCOTT COUN%~f HIIMAN SERVICES
ATTN: JUDZ HOLIN
COURTHOUSE 300
428 HOLMES ST. SO.
SHA~0PEE MN 55~79-1375
SCOTTC0
~CORD 25-S (1195}
7/94
Rule 8
GROUP HOMES
9545.1400 STATUTORY AUTHORITY.
EXHIBIT F
- 3 1997 '';
The authority of the Department of Human Services, Licensing Division, to
prescribe and publish minimum standards for the approval and licensing of group
homes is contained under Minnesota Statutes, chapter 245A. Standards
prescribed, and contained herein, shall be in force until revoked or revised by
authority of the department.
The commissioner of human services is delegated responsibility by the state
legislature to see that the minimum requirements as herein prescribed are met
and maintained by county welfare departments, licensed child-placing agencies,
licensed children's institutions, foster family group homes, and independent
operators of group homes.
STAT AUTH: MS s 245A.09
HIST: L 1984c 654 art 5 s 58; 13 SR 1448
9545.1410 PURPOSE OF GROUP HOMES.
In our day, we are greatly concerned about all children in society and their
need for proper care. We have the responsibility to see that proper resources
are established and maintained. With. our growing child and youth population
and expansion of needs, we find that there are gaps between the service needed
and the variety of resources available to provide the service.
In recent years, in an attempt to meet diverse needs, new resources for care
have been established. One of these new resources is the group home. Group
homes provide a type of care that is not available through traditional foster
families or institutions. Group homes are not meant to replace either of these
types of care but present a unique opportunity to combine different aspects of
treatment from both resources. Group homes can provide adult guidance and
professional services to the child placed out of the child's own home and yet
keep the child in community living. The facility is community based, and the
program is community oriented.
The group home represents a resource that has tremendous flexibility in giving
care to children of all ages with varying needs. Group home care should be
used on a selective basis as a treatment of choice. The group home should not
be considered a panacea of care for children. It is a distinct resource in its own
right that is part of the whole broad spectrum of 'resources available to children.
STAT AUTH: MS s 245A.09
HIST: 17 SR 1279
9545.1420 DEFINITIONS.
Subpart 1. Agency. "Agency" means the party responsible for providing
social service, administration, and the direction and control of the program. This
party can be a county welfare department, licensed child-placing agency, .
licensed children's institution, or independent operator.
Subp. 2. Children. "Children" means persons under the age of la years of
age or persons over 16 years of age if for reasons of mental retardation they still
require the protection needed by persons under 16 years of age (Minnesota
Statutes, section 245A.02, subdivision 4).
Subp. 3. Group home. "Group home" means a specialized facility that
provides care on a 24-hour-a-day basis for a selected group of not more than ten
children. The facility .can be owned, rented, or leased by a county welfare
department, licensed child-placing agency, licensed children's institution, or
independent operator, or subsidized by any of the above. The specialized care
will be a planned treatment program under the direction and control of an
agency, institution, or independent operator. Natural children of the group home
parents under 21 years of age, if present in the home, are included in the total
number of children living in the home.
Subp. 4. Group home parent. "Group home parent" means a person who
carries out the continuing daily living program and provides care to the children.
This may be a member of the agency staff or a person subsidized for the care he
or she provides. It may be a married couple, a single person, or single persons
working on a shift basis.
STAT AUTH: MS s 245A.09
HIST: 13 SR 1448
9545.1430 ORGANIZATION AND ADMINISTRATION.
Subpart 1. Philosophy, purpose, and function of home. The philosophy,
purpose, and function of the group home shall be clearly defined in writing and
maintained as part of the group home file in the agency.
2
Subp. 2. Written description. The agency shall similarly define, in writing,
and' file a statement of the geographic area to be served, ages and kind of
children to be accepted for care, and the spe. cific extent, limitations, and scope
of service for which the group home is established.
Subp. 3. Written agreement. The agency shall have on file a written
agreement between itself and the group home parents. The agreement shall
contain the following items:
A. admissions and discharge policy for the residents;
B. program plans for residents;
C. terms of the agreement as they affect length of time to be in effect and
what conditions necessitate the formulation of a new agreement;
D. the roles, responsibility, and authority of the agency and its personnel
and group home parents;
E. the per diem or monthly care rate paid to the group home parents; and
F. the maximum number of children to be cared for in the group home.
Subp. 4. Finance plan. The agency shall have a sound plan of financing that
will give assurance of sufficient funds to enable it to carry out its defined
purposes and to provide proper care for children.
Subp. 5. Repealed, 18 SR 2748
Subp. 6. Coordination with community services. The agency shall coordinate
its services and program with appropriate persons, agencies, and organizations
in the community. This shall include schools, vocational training centers, mental
health centers, job placements, day activity centers, parent organizations, and
churches.
Subp. 7. Needs of children. Clothing, personal allowance, spending money,
and medical expenses for the children in the group home shall be worked out by
the agencies involved.
Subp. 8. Discrimination prohibited. All licensed individuals, agencies, or
organizations shall operate on a nondiscriminatory basis, according equal
treatment and access to their services to all persons.
Subp. 9. Repealed, 18 SR 2748
3
STAT AUTH: MS s 245A.09; 245A.16
HIST: L 1984 c 654 art 5 s 58; 18 SR 2748
9545.1440 PERSONNEL.
Subpart 1. Director. The director of the agency will be the chief administrator
of the group home. The chief administrator may direct the total operation of the
group home or may delegate this duty.
Subp. 2. Employee qualifications. All employees shall be persons of good
character, good physical and emotional health, and appropriate age and matHrity
and shall possess sufficient ability and education to carry out adequately the
duties assigned to them.
Subp. 3. Adequate staff. There shall be sufficient staff to carry out the group
home program.
Subp. 4. Social service staff. The agency shall provide qualified social
service staff for the group home either from within its own structure or through
contractual arrangements.
It is recommended that not more than two persons provide continuing social
service to any group home. (Recommended.)
Subp. 5. Group home parents. Each group home shall have full-time group
home parents. If a married couple is employed in this position, at least one of
them shall be on a full-time basis. A group home parent shall be on duty at all
times.
Subp. 6. Substitute parents. Adequate arrangements shall be made for
substitute group parents to serve in emergency situations, vacation, illness, and
when the regular group parents have their time off.
It is recommended that the full-time group home parents receive two weeks
vacation per year and that they be allowed one full day off per week.
(Recommended.)
Subp. 7. Medical and dental staff. The agency shall provide medical and
dental staff for the care of the group home residents either from within its own
structure or through contractual arrangements.
Subp. 8. Additional staff to carry out the group home program. Additional
staff to carry out the group home program:
A. Psychiatric consultation: to provide consultation on a case basis as well
as overall treatment goals for the group.
B. Psychological consultation: to provide testing for assessment purposes
at the time of admission as well as to measure gains throughout the stay or at
the time of dismissal. The psychologist may also be used to set up and carry
out a research project to evaluate the program and its impact on the children.
C. Service personnel: a cook, a housekeeper, or maintenance personnel
may be hired to perform specific duties. This could relieve the group home
parents of these functions and allow them more time with the children in
carrying out the program.
D. Volunteer Services: to augment and assist other personnel in carrying
out the program. Volunteers shall be aware of, and interested in, the needs of
children. They shall be oriented to the program, staff, and children of the group
home.
E. Trained group worker: to carry out direct group treatment services,
consult about overall group programs, and provide training in group process to
the group home parents. (Recommended.)
Subp. 9. Repealed, 18 SR 2748
Subp. 10. Repealed, 18 SR 2748
Subp. 11. Staff-to-children ratio. It is recommended that the staff ratio in a
group home be one staff member for every five children. (Recommended.)
STAT AUTH: MS s 245A.09; 245A.16
HIST: 18 SR 2748
9545.1450 PROGRAM.
Subpart 1. In general. The program shall be a composite of the services
offered in the group home, community, and agency supervising and directing the
operation of the group home. (Recommended.)
The program shall be based on the purpose of the group home, with plans for
the individual children as well as the total group.
Subp. 2. Individual program plans. A program plan for each child shall be
formulated by the agency in conjunction with the group home staff, community
5
resources, and auxiliary services at the time of intake. This plan shall be
reevaluated at least every six months, with changes implemented according to
the needs of the child.
Subp. 3. School for children. All school age children shall be referred to the
local school district, for educational planning and placement. "Local school
district" means the district in which the group home is located;
It is recommended that this referral to the local school take place prior to
placement in the group home to ensure that the child is eligible for service and
that the local school has an appropriate program.
Subp. 4. Goal of group living. Group living shall be used in planful and
purposeful ways to help the children develop constructive relationships to adults
and to other children and constructive patterns of handling time, money, and
care of belongings and property.
Subp. 5. Community experiences. Community living experiences shall be
used in conjunction with plans for education and training, recreational and social
pursuits, job placements, and attendance at religious services.
Subp. 6. Social service. Social service shall be a clearly defined and
identifiable phase of the total care, treatment, and training program. Social
service shall be provided on both an individual and a group basis. It is
recommended that social service be extended to the families of the residents
whenever feasible and in accordance with the planning of the child.
(Recommended.)
Subp. 7. Recreation. Leisure time.activities shall be planned to allow for
constructive activities that enhance social and physical skills. Time shall also be
available for completion of academic assignments and to allow for individual
pursuits.
Subp. 8. Health examinations. All children shall have medical and dental
examinations yearly, or more often if necessary.
It is recommended that each child be given a medical and dental examination
prior to admittance into the group home.
Subp. 9. Religious practice. Each child shall have the opportunity to practice
the child's religious preference.
STAT AUTH: MS s 245A.09
HIST: 17 SR 1279
6
9545.1460 RECORDS.
Subpart 1. Group home records. The supervising agency shall maintain a
record on each group home. The record shall contain a copy of each of the
following items:
A. the philosophy, purpose, and function of the group home;
B. the statement of the geographic area to be served, ages and kind of
children to be accepted for care, and the specific extent, limitations, and scope
of service for which the group home is established;
C. the agreement between the agency and the group home parents;
D. the intake policy and procedure;
E. the arrangements for the provision of social services;
F. the arrangements for the provision of medical and dental services;
G. personnel policies;
H. criteria for s{~l~ction of group home parents. (The criteria outlined in
parts 9545.0030 to 9545.0080 for foster parents may be used in the
development of the criteria for the selection of group home parents.
Recommended.);
I. names of group home parents and substitute group home parents;
J. the state fire marshal report; and
K. a floor plan of the group home, the designated room dimensions.
Subp. 2. Financial records. The financial record of the group home shall be
maintained in the agency.
Subp. 3. Individual records. The agency shall maintain a record on each
individual resident in the group home. The record shall contain a copy of each
of the following items:
A. admission information;
B. objectives of individual planning;
7
C. reports on progress toward the accomplishment of these objectives; and
D. dismissal summary.
Subp. 4. Medical records. The group home parents shall maintain medical
records on each child.
Subp. 5. Children's progress reports. The agency shall send the referring
agency a record of the child's progress at least every six months.
Subp. 6. Repealed, 18 SR 2748
Subp. 7. Confidentiality. Information on record pertaining to an individual or
the family shall be held confidential and released only to authorized persons or
agencies.
STAT AUTH: MS s 245A.09; 245A. 16
HIST: 17 SR 1279; 18 SR 2748
9545.1470 PHYSICAL FACILITY.
Subpart 1. Location. The location of the group home shall be related to the
program it offers. It shall be accessible to religious, school, training, and
recreation facilities and other appropriate community resources.
It is recommended that the home be located in a residential area and be
undifferentiated from other residences. It is helpful to locate in a neighborhood
where there are other children and the neighborhood accepts children and their
behavior. (Recommended.)
Subp. 2. Grounds. The grounds shall provide adequate outdoor space for
recreational pursuits.
Subp. 3. Compliance with codes. The group home shall meet the regulations
of the local health authorities as well as local zoning and building codes.
Consultation with the state Department of Health is available if desired.
The group home shall meet the requirements set forth by the state fire
marshal. The state fire marshal shall inspect all facilities.
Subp. 4. Building. Building:
8
A. There shall be living and recreation space of 35 square feet of floor
space per child. This may include living room, dining room, and recreation room
but excludes bathrooms, halls, laundry room, bedrooms, furnace room, and
kitchen.
B. The dining area shall be large enough to comfortably accommodate all
the children, the group home parents, and guests at a meal. The room shall be
cheerful, well ventilated, and convenient to the kitchen.
C. Every sleeping room for the accommodation of one child shall contain 80
square feet of floor space, with a minimum horizontal dimension of eight feet.
D. Every sleeping room for the accommodation of more than one child shall
contain 60 square feet of floor space per child, with a minimum horizontal
dimension of eight feet. Each child shall have an individual bed. Individual beds
shall be at least three feet apart.
E. No bedroom shall accommodate more than four children.
It is recommended that there be no more than two children per bedroom. It
may also be helpful to have single occupancy rooms. (Recommended.)
F. Each resident shall have a set of dresser drawers to accommodate
personal articles and clothing.
G. Each resident shall have an individual storage closet or locker for
day-to-day clothing, and other storage space for clothing not currently used.
H. There shall be one toilet for every five children, one lavatory with hot and
cold water for every five children, and one tub or shower for every five children.
The toilet facilities shall be maintained in a sanitary condition equ.al to the local
health regulations. All group homes that house children of both sexes shall have
separate toilet and bath facilities for each sex.
I. The heating plant shall be of a size and capacity to maintain a temperature
of 70 degrees Fahrenheit in all rooms.
J. Provisions shall be made for laundry facilities adequate in space and
equipment to meet the needs of the children, the group home parents, and the
home.
K. A flashlight and a first aid kit shall be available in ever~ group home for
emergency use.
9
L. All medications for the children in the group home, as well as household
poisons, shall be kept in a safe and secure place.
STAT AUTH: MS s 245A.09; 245A.16
HIST: 18 SR 2748
9545.1480 PROCEDURE FOR LICENSING.
Subpart 1. Repealed, 18 SR 2748
Subp. 2. Repealed, 18 SR 2748
Subp. 3. Repealed, 18 SR 2748
Subp. 4. Repealed, 18 SR 2748
Subp. 5. Repealed, 18 SR 2748
Subp. 6. Repealed, 18 SR 2748
Subp. 7. Repealed, 18 SR 2748
Subp. 8. Repealed, 18 SR 2748
Subp. 9. License required. Group homes must be licensed under parts
9543.1000 to 9543.1060.
STAT AUTH: MS s 245A.09; 245A.16
HIST: L 1984 c 654 art 5 s 58; 18 SR 2748
9545.1490 Repealed, 18 SR 2748
9545.1500 Repealed, 18 SR 2748
10
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EXI-
SAFE I-IAvEN SI-I~I.TER FOR YOUT~
December 31, 1997
G
Town Meeting Regarding Safe Haven For Youth Group Home
Informational Meeting Tuesday, January 6, 6:30 p.m. City Council Chambers,
at New Fire Station.
The intent of this meeting is to:
1) Inform neighbors of Safe Haven's structured programming and staffing.
2) Answer questions regarding typical Safe Haven residents.
3) Give history of Safe Haven and its current group home operating in Prior Lake.
4) Address other questions and concerns.
Various Safe Haven staff including the Program Director, Peggy Howell will be on
hand to answer your questions. If you have questions related to this issue, we hope you
will attend. If you can't attend but still have question, please feel free to call me at
440~5379 or Peggy at 226-1488. Although this meeting was suggested by the City
Planning staff, it is not a City facilitated meeting.
Dan Saad
cc: Jenny Tovar, City Planner
Zen. ~ '98 18:44 ~000 PROPERTY MRNRGE TEl_ ~2459848~ p, ~
EXHIBIT I
Cit3' of ~rior f. aloe
16200 Eagle Creek Ave.
l~ior L~e, ~,
At~: ~aning, Jenn~ Tovnr
1/3/96
Members of i~rior l.,~kf: l~l&nnlng Commission,
I bare just r~-%-eived nnticc of the Planning Commission meeting ~o be held 1/12/~S, I was never
informed of the past mee~ng that the discussion is continoed from of 12/8/9T. I awn cwo ptec~s of
property within the rndius of the proposed rezoning (Gateway Center & Northgate Center), I do
oppose the rg:zoning of thc property in question, only due to It being the last of the roes, ii land In the
smMl ann of retell and ! believe that only further retail development in this are~ will help the already
existing basine~ses. I also b~lieve that the proposed ncw building thor Safe haven would construct
would also not conform with the construction and look of the other properties currontiy & proposed
i~e~ ar~e.
// Gateway & Northgate C~nters
/ (6~2)430-0163 fax
City of Prior Lake
LAND USE APPLICATION
Pianning Case File No. q'~ ' tt7
Property Identification No.
OX--
16200 Eagle Creek Avenue S.E. ?Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (6 I2) 447~245
Type of Application: -_
[] Resorting, fi.om (~resent zonin~
to (pronosed zonine)
[] Amendment to City Code, Comp. Plan or City Ordinance
[] Subdivision of Land
[] Administrative Subdivision
[~/Conditional Use Permit
[] Varimace
[] Other:.
Brief description of proposed project (attach additional
sheets/hah'at/ye if desired) ~- h'ce.$.edl C~t.t~ct ,~-
.
I
Applicable Ordinance Section(s): ~. ~ '
Applicant(s):
Address: ] ~,
Home Phone:
Property Owner(s) Jif different from Appli?nts]: J~,l / a- &::;I ee~ ~¢ A~ ~
Address: t'/l~"l ~:~tr~'~o~ ~
Home Phone: ~1~3 ~l~t?-W5',' WorkPhone~-t~ q96- ~
T~e of O~e~hip: Fee Con. ct for Deed ~ P~ch~e A~eement ~'.
applic)~ions will not be pr~:essed until deemed complete
Appl'~nt s Signamr /~~//~, ' '
Fee ~n~r's Si~amre ~-~' f .... /
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
:N',. , -r-'l/C, g
To the best of my l~owledge {he information provided in this application and other ~aterial submitted is correct In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
by the Planning Director or assignee.
Ill//~7 / 5} ~
Date
THIS SPACE TO BE FILLED 1N BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION APPKOVED DENIED DATE OF HEARING
CITY COUNCIL APPKOVED DENIED DATE OF HEARING
CONDITIONS:
Signature ofplannlng Director or Designee
lu-appZdoc
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, December 8, 1997, at 6:30 p.m. or as soon thereafter as
possible.
APPLICANT:
Safe Haven Shelter for Youth
Dan Saad
16706 Dublin Road
Prior Lake, MN 55372
SUBJECT SITE:
5240 160th Street
This property is located east of Franklin Trail, on the north side of 160th
Street.
LEGAL
DESCRIPTION:
The South 241.7 feet of the East 200 feet of the Southwest Quarter of the
Southwest Quarter of Section 36, Township 115, Range 22, Scott County
Minnesota.
REQUEST:
The applicant is proposing to construct a state licensed residential facility
serving 10 persons at the above location, zoned R-3 (Multiple Family
Residential). The Prior Lake Zoning Ordinance requires a conditional use
permit for state licensed residential facilities serving 7-16 persons in the
R-3 district.
If you are interested in this issue, you should attend this hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.m.
Jennifer Tovar
Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON NOVEMBER 22, 1997 AND
nOVEMBER 29, 1997.
,_ 1:\8 Till. Les\97c.u p\97~ 1,!17~9...7117pn~doc .........
16200 c. ag[e ~..reek ave. ~.c., ~'rior LaKe. [vdnnesota O.~.~7Z-~./.L~ / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OP?ORTUNITY EMPLOYER
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, January 12. 1998, at 6:30 o.rn. or as soon thereafter as
possible.
APPLICANT:
Safe Haven Shelter for Youth
Dan Saad
16706 Oubtin Road
Prior Lake, MN 55372
SUBJECT SITE:
5240 160th Street
This property is located east of Franklin Trail, on the north side of 160th
Street.
LEGAL
DESCRIPTION:
The South 241~.7 feet of the East 200 feet of the Southwest Quarter of the
Southwest Quarter of Section 36, Township 115, Range 22, Scott County
Minnesota.
REQUEST:
The applicant is proposing to construct a state licensed residential facility
serving 10 persons at the above location, zoned R-3 (Multiple Family
Residential). The Prior Lake Zoning Ordinance requires a conditional use
permit for state licensed residential facilities serving 7-16 persons in the
R-3 district.
This is a continued hearing from December 8, 1997. If you are interested in this issue, you
should attend this hearing. The Planning Commission wilt accept oral and/or written comments.
Questions related to this hearing should be directed to the Prior Lake Planning Department by
calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m.
Jennifer Tovar
Planner
City of Prior Lake
1:\97files\97cup\97-117~97117~)n2.dec
16200 Eagle Creek Ave. S.E., Prior Lake, Minneso[a 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
,AN gQUAL OPPORTUNFTY F~MPLOYF-R
~4/, 7
DRAFT
D. Case #97-117 Consider a Conditional Use Permit to construct a State Licensed
residential facility servicing 10 persons at the property located at 5240 160th Street.
Jenni Tovar explained proposal. One of the conditions is that use is consistent with
Comprehensive Plan. Property currently zoned R-3, but is designated for Community
Commercial on 2010 Comprehensive Land Use Plan Map. The City Attorney has
advised us to continue this item due to the upcoming zoning ordinance which may have
an effect on this property.
Dan Saad, 14750 West Bumsville Parkway, Burnsville, operate group home located on
Dublin Road in Prior Lake, and is coach at Prior Lake High School. Asking to resolve
inconsistency between Comp plan and zoning ordinance, by changing Comp Plan to R-
HD.
Explained his current operation of group home. Have had no problems in community.
Home is located on Dublin Road, in residential area. Has been a great success. Take
boys in middle and high school, and let them play football. Are looking for property in
R-3 district to allow 7-16 residents in group home. Have chosen this piece of property
near high school. Has been residential, but was designated Commercial on Comp Plan in
1996. Surrounding property is R-4, high school, commercial. The justification for change
is as follows: property is rather small, changing to R-4 would make it consistent with
surrounding area. Are also a business, so have employees. Home would fit in nicely
with area. Looking for feedback from Planning Commissioners. Have done extensive
work on this property, and have several letters of support. Prior Lake Rotary, $5,000,
Edina Realty, $7,500, Lions Club, $1,000, Optimists Club, $1,000. Other businesses
have donated products. This inconsistency came up late in the process. Asking to amend
the Comprehensive Plan to High Density Residential.
Stamsom Staffhas asked to table indefinitely to work out legalities.
Tovar- Look at this zoning map with discussion of new zoning ordinance. House
cleaning Comp Plan amendments would have to be done as a result of new zoning map.
Would be done after new zoning ordinance is amended.
Open Public Hearing:
Doug Boyle, 5140 150th Street, asked is facility. Tovar explained Safe Haven Youth is a
state licensed facility for court ordered juveniles ages 8-17, order to live in group home
facility. Has some experience with group homes, in Sioux City, Iowa, doesn't want a
facility a block away from him. Moved to Prior Lake to get away from gangs and
criminals. Has no problem with helping kids.
Tovar explained children are there with emotional or behavioral disorders. Police report
for existing house, shows seven calls, three for runaways, two harassing phone calls to
house, noncriminal activities.
L:\97FILES\97PLCOMM~PCMINXMN 120897.DOC 12
DRAFT
Larry, representing mother who owns adjoining property. Concerned about how many
residents would be allowed in R-4. Is there a buffer required between R-1 and R-4.
Kansier Explained bufferyard requirements.
Alex ?, represents mother who owns adjacent residents. Facility is across the street form
an elderly home. Have already voiced concerns about safety of children. Also concerned
about security. If it is included, can there be request for a security fence. Is not
advantageous to area. Has developer talked to neighboring people to get
recommendations. She was not notified until found in the newspaper.
Dan Saad, incidents at existing house very minor. Runaways went home, but ended up
back at house. Facility is set up to be a step up fi.om a foster home. The kids are already
in school. We offer a 1:5 ratio ofstaffto kids at facility. State requires a 1:10. Staffis
all BA or MA certified. Kids are supervised when they are in the community. Intend on
going to neighbors to answer any questions. Want to work with communities. Stamson
asked if kids are coming fi.om social services rather than criminal courts. Yes. Goal is to
get kids back to their homes whenever possible.
Kuykendall- How is program funded. Saad explained funded by a per diem fi.om Scott
County, which covers administration. Also do some fund raising to cover costs. Host
county contract is with Scott County. Other counties abide by same contract as Scott
County. Saad explained they have looked at several sites in Chaska, but could not offer
the security he can offer now. Other locations in Scott County, have looked for over a
year. Found a rental home on Dublin. Is looking in Prior Lake because of support
received in Prior Lake.
Bill Schmokel, 4151 Grainwood Cimle, owner of property. Would like to speak to
process, This process was designated Commercial in June, 1996. Have had numerous
meetings with staffover past years about this property. Mr. Saad checked with staffprior
to application. When you have a conflict between Comp Plan and Zoning Ordinance,
City has 9 months to resolve issue. City has akeady exceeded this by 5 months. Leaves
City opened to liability. Quite dismayed that this type of application can get this far.
Kuykendall asked staffto rephrase how this got here. Tovar explained criteria number 6
states use must be consistent with Comp Plan. Right now attempting to change ordinance
to be consistent with Comp Plan. Zoning Ordinance is catching up, applicant caught in
middle.
MOTION BY VONHOFF TO CONTINUE PUBLIC HEARING INDEFINITELY.
SECOND BY CRAMER. MOTION CARRIED 5-0.
Tovar expla'med new notices will be sent.
$. Old Business: 9:20 p.m.
L:\97FI LES\97PLCOMMkPCMiNkMN 120897.DOC 13
PLANNING REPORT
AGENDAITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4E
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE 2010 COMPREHENSIVE PLAN FROM THE R-L/MD
(LOW TO MEDIUM DENSITY RESIDENTIAL)
DESIGNATION TO THE C-CC (COMMUNITY RETAIL
SHOPPING) DESIGNATION
JANE KANSlER, PLANNING COORDINATOE~L'~'''''-
X YES NO-N/A
JANUARY 12, 1998
INTRODUCTION:
The purpose of this public hearing is to consider an amendment to the 2010
Comprehensive Plan to the Community Retail Shopping designation. This amendment
was initiated by the Planning Commission as a result of discussion on the proposed
Zoning Ordinance.
Property Owners:
Roger and Irene Dellert
21746 Calmor Avenue
Prior Lake, MN 55372
James and Nellie Halek
14869 Manitou Road
Prior Lake, MN 55372
Location of Property:
This site consists of approximately 2.98 acres of land
and is located at 6867, 6885 and 6899 Boudin Street.
This property is located on the west side of TH 13,
directly south of Boudin Street, and is the site of the
Watersedge office building and marina.
Current Comprehensive
Plan Designation:
This property is identified as R-L/MD (Low to Medium
Density Residential) on the 2010 Comprehensive Plan.
This designation is characterized by a Iow to medium
range of residential densities.
Proposed
Comprehensive Plan
Designation:
The proposal is to designate this property for C-CC
(Community Retail Shopping) uses. This designation is
characterized by retail shopping centers designed to
provide shopping and convenience facilities to a broader
residential area.
k\97flles\97compam\97-127~97127pc.doc P g 1
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~-~ ~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
Current Zoning:
Proposed Zoning:
Proposed Land Use:
Adjacent Land Use,
Comprehensive Plan
Designation and Zoning:
Streets/Access:
Natural Features:
Public Utilities:
B-1 (Limited Business) and C-1 (Conservation)
Under the proposed Zoning Ordinance, this property will
be zoned C-2 (Community Business). The purpose of
this distdct is to allow the concentration of general
commercial development for the convenience of the
public.
This property is the current site of an office building and
marina. There is no proposal to change these land
uses.
North: Across Boudin Street is the Prior Lake Assembly
of God Church, designated as R-L/MD and zoned C-1
South: South of the bay are single family dwellings,
designated as R-L/MD and zoned R-1.
East: Across Highway 13 is the Scott Lake Pet Clinic in
the City of Savage.
West: Directly west of this properbj are townhouses,
designated as R-L/MD, and zoned R-2.
This properbj has access to Boudin Street.
This site is completely developed, and generally drains
to the south. There are no significant trees on the site.
The site is currently served by sewer and water.
ANALYSIS:
This amendment to the Comprehensive Plan Land Use Map was initiated by the
Planning Commission as a result of discussions on the proposed Zoning Ordinance.
The property owner requested the C-2 zoning district in order to allow uses more
suitable to property with highway frontage, than uses in the C-1 district, which are
primarily neighborhood oriented. The Planning Commission agreed the property should
be zoned C-2. Upon review of the Comprehensive Plan Land Use Map, it was
discovered the designation of this property is not consistent with the proposed zoning, or
even the existing zoning. Therefore, the Planning Commission initiated this
amendment.
The Comprehensive Plan goals and objectives which are applicable to this request are
as follows:
GOAL: ECONOMIC VITALITY: Pursue a prudent use of available resources and the
optimum functioning of economic systems.
1:\97files\97compam\97-127~97127pc.doc Page 2
OBJECTIVE No. 1: Determine and strive for a balance of commerce, industry, and
population.
OBJECTIVE No. 2: Encourage a diversified economic base and a broad range of
employment opportunities.
OBJECTIVE No. 3: Promote sound land use.
OBJECTIVE No. 4: Maintain high standards in the promotion and development of
commerce and industry.
The C-CC designation is characterized by retail shopping convenience centers.
Specifically, the C-CC category envisions centers of a larger scale, serving a broader
area which may be proximate to residential development, but which, by design and
appropriate limitations on the type and intensity of uses, feature effective transition to
residential areas, vehicular access, and aesthetic harmony.
The C-CC designation at this location is consistent with the goals and objectives of the
Comprehensive Plan. It is also consistent with the proposed zoning of the property.
ALTERNATIVES:
1, Recommend the City Council approve the Comprehensive Plan amendment as
requested.
2. Table or continue the public hearing to a date and time certain and provide the staff
with a detailed list of items or information to be provided for future Planning
Commission review.
3. Recommend denial of the amendment based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1. The proposed designation of this site is consistent
with the proposed zoning of the site.
ACTION REQUIRED:
A motion recommending the City Council adopt a resolution approving the amendment
to the Comprehensive Plan Land Use Map designating this property as C-CC.
REPORT AT-rACHMENTS:
1. Location Map
2. Comprehensive Plan Land Use Map
3. Zoning Map
4. Letter from Property Owner
5. Copy of Hearing Notice
1:\97files\97com pa m\97-127~97127pc, doc Page 3
2
B1
'%
R-1 SUBURBAN RESIDENTIAL
--- R-2 uRBAN RESID'~--NT~L
R-3 MULTIPLE RESID~4TIAL
-- ,,~-.. - R4 MIXED CODE RESIDENTIAL
~ ~ ---" ~-t [JMITED BUSINESS
........ '~_..z ~' _ ;' B-2 COMMUNITY BUSINESS
F-T~ ~ ~ ~ I B-3 G~qERAL BUSINESS
Il/ \' .-.,' ..,". 1,1 .'TEE c- co~ss~v^~oN
~ "-.~;',~. ..... , .._z-'---'-- ......%, * '{ S-D SHORELANO DISTRICT
~ ~ ....1_ _j.. _~
HUEMOELLER & BATES
A~TORNEYS AT LAW
November 19, 1997
Prior Lake Planning Commission
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Re:
impact of Proposed Prior Lake Zoning Ordinance Changes on
Lot 2, Block 1, and Outlot A, Watersedge First Addition
Dear Planning Commission Members:
I am writing to you on behalf of Integrity Development, Inc.. the owner of the
Watersedge Office Building located on Lot 2, Block 1, Watersedge First Addition, and
the Watersedge Marina located on Outlot A, Watersedge First Addition.
The plat of Watersedge First Addition is located at the intersection of Boudin
Drive and State Trunk Highway No. 13, approximately two blocks south of the CSAH
42/STH 13 intersection. Lots 1 and 2 are presently zoned B-1 Limited Business, and
contain retail business, service and office uses. Outlot A is zoned C-1 Conservation,
and contains a commercial marina that operates pursuant to a permit issued by the
Minnesota DNR.
The Prior Lake side of the Boudin Drive/STH 13 intersection contains highway
service type uses consisting of a church, retail, offices and a commercial marina.
These uses are consistent with the stated purpose of the B-I district, which is to provide
areas adjoining high and medium density residential areas on major streets for offices,
retail and service establishments.
The Savage side of the Boudin Drive/STH 13 intersection is predominantly
commercial, with uses that include a veterinary clinic, emergency facility, trucking
company, and to the south, a retail boat dealer. The uses are also consistent with the
B- 1 district.
It is our belief that the proximity of the plat of Watersedge First Addition to
STH 13 and to the CSAH 42/STH 13 intersection, and the existing commercial uses
within the plat and directly across STH 13, better meet the objectives of the proposed
C-2 Community Business District, which is intended "to allow the concentration of
Prior Lake Planning Commission
Page 2
November 19, 1997
general commercial development for convenience of the public .... "The plat is really
not an area that provides "service--oriented commercial uses for [the] surrounding
residential neighborhood .... "which is the stated purpose for the C-1 Neighborhood
Business District. The plat is in a highway service area, and should be classified as
such in our zoning ordinance.
Even if the Planning Commission determines that the C-1 Neighborhood
Business District is appropriate for the plat, we would request that either the permitted
uses or the uses permitted with conditions within the C-1 district be expanded to include
"showrooms". Because of its proximity to STH 13 and CSAH 42, the Watersedge
Office Building is an ideal location for small retail showrooms. There is adequate
space and parking for small showrooms, and there will be no adverse impact on any
nearby residential areas, including the adjacent townhomes.
Finally, it is difficult to express how distressed we were to discover that the
existing commercial marina on Outlot A would become a non-conforming use under the
proposed ordinance. The marina is presently a permitted use in the existing C-1
Conservation District. The marina is in an appropriate location because it can be
accessed directly from STH 13 without negative impact on any nearby residential areas.
In our view, the failure to include a commercial marina as a permitted use in the
district to which Outlot A is assigned, would be arbitrary, inconsistent with the Prior
Lake Comprehensive Plan, contrary to long standing public policy in Prior Lake, and
contrary to the policy of the State to facilitate access onto navigable public waters. We
think that the Planning Commission should reconsider the marina issue and deal with
the commercial marina on Outlot A as a permitted use, rather than returning to the days
of litigation and discord when the marinas in Prior Lake were classified as non-
conforming uses.
In summary, I am requesting on behalf of Integrity Development, Inc., that the
Planning Commission consider two modifications to the proposed zoning ordinance:
1. Either reassign Lots 1 and 2, Block 1, Watersedge First Addition, to the C-2
Community Business District or add "showrooms" to the permitted uses or uses
permitted with conditions within the C-1 Neighborhood Business District.
2. Either add "commercial marinas" as permitted uses within the district to
which Outlot A, Watersedge First Addition, is assigned, or establish a separate marina
d;,strict and assign Outlot A to that district.
Prior Lake Planning Commission
Page 3
November 19, 1997
We intend to appear at the November 24, 1997 Planning Commission meeting
and will be available to respond to questions at that time.
Sincerely yours,
Bryce D. Huemoeller
BDH:jd
cc: Integrity Development, Inc.
CITY OF PRIOR LAKE
NOTICE OF PUBLIC lrlE, ARING TO CONSIDER A PROPOSED AiM/ENDMENT
TO THE CITY OF PRIOR LAKE YEAR 2010 COMPREHENSIYE PLAN FOR
THE PROPERTY LOCATED AT 6867, 6885 AND 6899 BOUDIN STREET
You are hereby notified that the Planning Commission w/Il hold a public hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road SE on Monday, January 12, 1998 at 6:30 p.m.,
or as soon thereafter as possible.
The purpose of the public hearing is to consider a proposal to amend the 2010 Comprehensive
Plan to change the designation of the property located on the west side of TH I3, directly south
of Boudin Street from the R-L/MD (Low to Medium Density Residential) designation to the C-
CC (Community Retail Shopping) designation. This property is the site of the Watersedge
commercial building and the Watersedge Marina.
Legal Description:
Lots 1 and 2, Watersedge First Addition, and Outlot A, Watersedge First Addition
If you desire to be heard in reference to this matter, you should attend this public hear/ng. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Depmhnent at 447-4230.
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISI:I~D IaN TI-IF.. PRIOR LAKE ANIERICA~N O~N SATL'RDAY, DECEMBER
27, 1997.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORW~'NIW EMPLOYER