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<br />City Council Study Session - 01/23/06 <br />Minutes - Page 6 <br /> <br />expertise and knowledge regarding the City's concerns. <br /> <br />Mr. Welsch reviewed the number of complaints regarding <br />group homes fielded by staff related to impacts to <br />neighborhoods, rather than the care facility within the <br />structure. Mr. Welsch noted a significant increase in group <br />homes, and complaints, with well over 50 group homes <br />within the community at this time. Mr. Welsch defined the <br />type of neighborhood complaints including, traffic impacts; <br />parking (on site and on the street) with up to 12-14 cars in <br />some locations; deliveries to the site; night time office staff <br />meetings; outdoor storage; late night shift change traffic <br />noise; trash management; and lot coverage. <br /> <br />Mr. Welsch reviewed state statute, which allows group <br />homes in single-family districts and the vagueness as to what <br />the city may regulate. Mr. Welsch sought Council direction <br />as to whether to address this issue with legislative <br />representatives, seeking clarification of state statute <br />language. Mr. Welsh acknowledged the pre-emption created <br />by State Statue, Section 462.357, but also recognized that the <br />statute was not clear beyond allowing "the use." Mr. Welsh <br />suggested two immediate remedies: clarification of the <br />statute language adding a sentence stating group homes are <br />subject to the same additional land use and zoning <br />requirements as the next door single-family home; or <br />amendment of the statute to allow for a local Conditional <br />Use Permit (CUP) process, as it does currently in multi- <br />family zones. <br /> <br />Mr. Welsch referenced a written legal opinion, dated January <br />6, 2006, on Group Homes prepared by the City Attorney and <br />included in tonight's agenda packet. <br /> <br />Rep. Mindy Greiling <br />Rep. Greiling, following research and discussion with <br />administrative staff at the Minnesota House and City <br />Attorneys, recommended no changes to State Statute, but <br />instead enforcement and consistent application of local <br />ordinances; keeping mindful of application of the federal <br />F air Housing Act, for both group homes and single-family <br />