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<br />.. <br /> <br />.,~~~.:~:.> . <br /> <br />. ..-~, ",.: .".. <br />. .' . ~ ..' -...", <br /> <br />. >;.-_..... ". . J <br /> <br />'<'~'~f~LE..;'" <br /> <br />JEANNE WALZ <br />ASSISTANT TO COMMISSIONER <br /> <br />J(i}Jt1l. P t8l,Jr1rer ~e S sne r <br />BOARD OF RAMSEY COUNTY COMMISSIONERS <br />DISTRICT 2 <br /> <br />220 COURT HOUSE <br />SAINT PAUL, MINNESOTA 55102 <br />TEL. (651) 266.8350 FAX (651) 266-8370 <br />Jan. Wiessner@Co.Ri!omsey.Mn.Us <br /> <br />September 15, 1998 <br /> <br />Sara Drinane <br />2426 Cphansey Street <br />Roseville, MN 55113 <br /> <br />Dear Ms. Drinane: <br /> <br />Thank you for your letter regarding the home at 420 Brooks. The state legislature's decision to <br />develop smaller homes to serve populations with disabilities and close the regional treatment <br />centers was discussed at length by the County Board last year. As part of that discussion, we <br />asked our County Attorney's Office and the Minnesota Attorney General's Office to provide us <br />with background and previous court decisions on ordinances to give communities more local <br />control. I thought it would be helpful to share with you what we learned. <br /> <br />On the specific issues you raised: <br /> <br />Zoning <br /> <br />The Minnesota Human Services Licensing Act limits the authority of towns and municipalities to <br />impede the establishment of community-based group homes through zoning and other land use <br />regulations. Minnesota Statutes specifically state that residential programs with six or fewer <br />persons shall be considered a permitted single-family residential use. <br /> <br />Attempts have been made periodically throughout the country to impose distance requirements <br />or restrict access for homes that serve individuals with disabilities. They have been struck down <br />when challenged in court. <br /> <br />Screening;App~o~al Process <br />. . ~ . _. .. I. ...; <br /> <br />.. .,'., _. <br /> <br />. ".r <br /> <br />Courts have also struck down review boards that were involved in approving applications as well <br />as those that only required notification. <br /> <br />Minnesota's First Home Rule County <br /> <br />prinled on recycfed paper "",i!t'l a minimum ot 10% post consumer conte"l <br /> <br />.~,~ <br />