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10-3442 17 February 2010 Page 2 Draft conditions: 1. There shall be a maximum of 10 patients at any given time served on an in-patient basis. 2. Interior modifications and limited exterior modifications are permitted which will maintain the local historic value. 3. The 616 square foot detached garage will house a van and garden equipment, and shall be architecturally similar to the Hill School building. 4. The proposed 10-bed, in-patient residential eating disorder treatment facility shall not be a lock-down facility. Patients may leave the building at will upon notification of staff. 5. There shall be no use of restraints in this facility. 6. There shall be no biohazard or medical waste generated at this facility. 7. The out-patient services available at this facility shall be limited to weekdays between the hours of 8 am and 7 pm. 8. All staff parking shall be within the property's existing parking lot. 9. Establish a shared parking agreement with the Minnetonka Art Center to avoid the need for parking on local streets. 10. The Applicant shall make an application for withdrawal of the conditional use permit granted by this resolution when and if the property is ever sold or transferred to another owner. 11. Visiting hours shall be limited to weekday evenings between 5 pm and 9 pm and weekend visiting hours shall be limited to the hours between 8 am and 9 pm. 12. Multifamily Saturday Group sessions, which will exceed the existing parking, shall not be held at this location. 13. The user shall hold an active Minnesota State Department of Human Services License for an eating disorder structured living program. Annual verification of licensure may be required. Planning Commission Recommendation On January 19, the Planning Commission recommended approval of the setback variance and conditional use permit limiting the use to 10 beds/in-patient clients. At the February 16th meeting, the Planning Commission recommended denial of the variances to allow the detached garage as currently proposed. The Commission suggested reorienting the garage on the property, parallel to the lot lines and the existing building; orientation of the overhead doors to the street or inward facing the existing building; and utilization of the existing parking area to access the proposed garage. Planning Staff Recommendation Staff recommends approval of the setback variance and the conditional use permit with the appropriate conditions. Staff also recommends the Council take an affirmative action on Monday night. The applicant has requested there be a vote on the use so they may plan appropriately. Should the Council approve the use on Monday night, the applicant is willing to work with staff to develop additional conditions for the resolution for adoption at the March 8th Council meeting. COUNCIL ACTION REQUESTED The Council action requested at Monday's meeting is td approve or deny the application for a 10-bed, in-patient residential eating disorder treatment facility. If an approval is granted, Council should also provide staff with any specific recommendations for conditions for the CUP resolution.