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Steve Zawadski, developer/applicant, described the subdivision of the Martindale parcel and the government lot. The property is surveyed and includes the required 75' setback from the wetland and lake for building locations. Bruce Nelson, 2887 W. Owasso, asked if the lots will be single family lots (yes). Chair Mulder closed the hearing. Motion: Member Traynor moved, seconded by Member Ipsen, to approve the request by Zawadski Homes for a Preliminary Plat combining four previously platted lots into three legal conforming residential lots for the property located at 2900 West Owasso Boulevard, subject to the findings in Section 6 of the Report for Planning Commission Action dated June 2, 2004. Ayes: 4 Nays: 0 Motion carried.. b. Planning File 3570: Request by Akpene Asempa in cooperation with Jeffrey Kissell for a Conditional Use Permit for a portion of the building located at 1895 Rice Street to be utilized as an adult day care facility. Chair Mulder opened the hearing and requested City Planner Thomas Paschke to present the verbal summary of the staff report dated June 2, 2004. Chair Mulder explained that his (Mulder's) property was directly west of this site. He asked the Planning Commission if they saw a conflict. The consensus was there is no conflict of interest. Thomas Paschke advised that Akpene Asempa, operator of a day care facility for functionally impaired adults, proposes to establish such a facility in a multi tenant business building located at 1895 Rice Street. A conditional use permit is required because the day care facility is proposed within a B-3 general business zoning district. The operation also is required to receive Ramsey County Social Services approval. Initially, a license application has been made for up to 15 adults. Mr. Paschke further indicated that Akpene Asempa holds a lease agreement for property at 1895 Rice Street North. The property is owned by Jeffrey Kissell, dba Kissell Construction (office in building), part of a 1.02 acre multi-tenant building site. Ms. Asempa's business will accommodate persons with such conditions as diabetes management clients, depression, safety, and other adults who need minimal assistance and/or monitoring care during the day. The day care center would be open 8:00 am to 4:30 pm Monday through Friday. No person will stay overnight in this facility. Ms. Asempa is seeking a license from the Mn. Department of Human Services for up to 15 adults. The state requirements include 40 s.f. per client and staff members and a registered nurse (Ms. Asempe) is to be part of staff. Generally handicapped accessible adult day care facilities have tables, chairs, kitchen and bathrooms. The permit is contingent upon the City's approval of the CUP(zoning), fire and building inspection of the site as well as environmental review by Ramsey County. The property is currently occupied by a 7,200 square foot multi-tenant building. The proposed use would occupy approximately 1,150 s.f. (16%) of the building. The existing structure has 4 tenants, over 65 off-street parking spaces are allotted to this area, and there is room for a loading dock on the rear (west) side of the building. Chair Mulder asked if there was concern with the new bus terminal and traffic across Rice Street in Maplewood. (none) Akpene Asempa, 3225 Meadow Brook Court, Vadnais Heights, applicant, long term care nurse, explained her desire to care for adults in need of day care. The care will be for health care, especially with diabetes daily management. The site is small, she will initially care for up to 15 adults; with one care giver per five to six adults needing minimal assistance. Chair Mulder asked if walks in the near neighborhood would be taken (may take bus trips, use walking paths). Ms Asempa said she would investigate the walk path. Chair Mulder said the fence at the rear needs repairs. Staff will review. Member Blank asked if "safety" in adult care meant personal safety care during time in the facility (yes). Member Ipsen asked if there are tenants in the building (There is the Taekwonda Studio and Kissel in the back of the building.) Chair Mulder closed the hearing. Motion: Member Blank moved, seconded by Member Traynor, to recommend approval of a Conditional Use Permit allowing the operation of an adult day care facility for Akpene Asempa and property owner Jeffrey