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Zoning File 1575 <br />August 16, 1990 <br />Page 3 of 3 <br />B) Existing pool to be covered with permanent wooden <br />deck covering and appropriate methods for relieving <br />surface runoff that collects within base of pool. <br />2. Planning Commission to make a recommendation concerning <br />fenced/de*"ined outdoor play area for students. Applicant <br />should be asked to comment on this issue. <br />Additional Cooments and Planning Commission Recommendation <br />September 6, 1990 <br />Additional Exhibits <br />Exhibit L - Dayton Letter of August 30, 1990 <br />Exhibit M - Minnesota Statutes 245A.14, Subdivision 1 <br />The three neighbors in attendance at the meeting objected to <br />the proposed use and questioned if there was not other suitable <br />area more appropriate for a pre-school operation. Planning <br />Commission members advised neighbors that the proposed use was a <br />permitted use in a residential zone. It was at that point in the <br />discussion'when the applicant advised all present that Minnesota <br />Statues would allow a pre-school/day care operation up to 14 <br />without the need of local zoning approval (review Exhibits L and <br />M). Staff has asked the City Attorney to review the statutes <br />and to determine impact on local zoning. Suesan Pace-Shapiro has <br />confirmed that the applicant could operate a pre­ <br />school/kindergarten program up to 14 students without seeking <br />approval from the local authority. <br />The applicant has advised that he would not attempt to <br />proceed to operate without City approval. He proposes a pre­ <br />school at an 18 student level, thereby requiring formal <br />conditional use permit approval of the City. He is willing to <br />cooperate with the neighbors to provide visual and sound barriers <br />for the students outdoor play activities that would be limited to <br />20 to 30 minutes per day. <br />In an attempt to meet the concerns of the adjacent <br />neighbors, the Planning Commission has asked for the following <br />controls on the proposed use: <br />1. Student level approved at a maximum 18. <br />2. In order to meet the potential visual and noise <br />concerns, applicant may either install a privacy fence <br />around an outdoor play area or cyclone type fencing with 4 <br />to 5' high evergreen type shrubs to the exterior side of the <br />fence. Based on the requirements of the Municipal <br />Ordinances, such outdoor play area for 18 students would <br />require 900 s.f. of outdoor play area.