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<br />.~ <br />'Y <br /> <br />7b <br /> <br />.. <br /> <br />LAW OFFICES OF <br />PETERSON, BELL, CONVERSE & JENSEN, P.A. <br /> <br />(U ~ [-'1''6' <br /> <br />Erwin A. Peterson <br />Robert C. Bell <br />Willard L. Converse <br />Roger A. Jensen <br />James C. Erickson*t <br />Carol A. Baldwin <br />Caroline Bell Beckman <br />Mitchell W. Converse <br />Shari A. Jacobus <br /> <br />1500 Minnesota World Trade Center <br />30 East Seventh Street <br />81. Paul, MN 55101 <br /> <br />Telephone (651) 223-4999 <br />Facsimile (651) 223-4987 <br />e-mail -pbcj@pbcj.com <br /> <br />Of Counsel <br />Kurt F. Walther <br />Charles R. Bartholdi <br /> <br />October 1, 1998 <br /> <br />Mr. Dennis Welsch <br />Director of Community Development <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, Minnesota 55113 <br /> <br />RE: Group Residential Homes <br />Our File No: 1011.19 <br /> <br />Dear Dennis: <br /> <br />You have asked for infonnation regarding whether municipalities may regulate group residential <br />homes. Pursuant to Minn. Stat. ~245A.11, it is the policy of the State of Minnesota that persons <br />enrolled in group residential programs shall not be excluded by municipal zoning ordinances or <br />other land use regulations from the benefits of nannaI residential surroundings. <br /> <br />This section goes on to state that group residential programs with a licensed capacity of six or <br />fewer persons shall be considered a pennitted single family residential use of property for the <br />purposes of zoning and other land use regulations, with specific exceptions which do not appear <br />applicable here. This section also provides that group residential programs with a licensed <br />capacity of 7 to 16 persons shall be considered a pennitted multi-family residential use of <br />property for the purposes of zoning and other land use regulations. The City may require a <br />conditional use penn it to assure proper maintenance and operation of these larger residential <br />programs, however, the conditions imposed by the pennit may not be more restrictive than those <br />imposed upon other conditional uses of residential property in the same zones, unless the <br />additional conditions are necessary to protect the health and safety of the persons being served <br />by the program. <br /> <br />Based on the above statute, which is also ~oupd in. ,the Municipal. Planning Act" Minn. Stat. <br />~462.357, subd. 7 and 8, Roseville is without authority to' implement zoning regulations on <br />group residential facilities serving six or fewer persons, and may only implement zoning <br />regulations on larger residential programs as discussed above. <br /> <br />* Also Admittecl in Wisconsin <br />tC ivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association. <br />