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White noted the City of Orono does not have a hospital. Bremer stated she understands what Mr. LaQuey is saying nut that this is a different facility from a school. White asked whether they would use oxygen in the patients' rooms. Miller noted they would not be and that it would not be lice sed as a psychiatric hospital. It will be licensed as an eating disorder structured living program through the State of Minnesota. Eating programs require both medical and psychiatric treatment. i Maddie asked whether the other locations have received an complaints. Lindsay Brown stated they have not received any complains. 1 Miller noted the City of Chaska actually asked them to look at other potential sites within the City of Chaska to house this facility. Bremer stated she would like to address the conditional use permit, and that it is her understanding that once a conditional use is granted,that conditional use permit stays with the property. Bremer acknowledged the City Council has to look at other potenti 1 future uses this property could be used for once The Emily Program vacates the structure. Bremer not�d the City does have some letters of support in the file as well. Mattick stated the issue of potential future uses varies from pity to city. The state legislature mandates as part of the city's own zoning,that if an entity comes to a cit$ requesting a building in a single-family residential zone and has a maximum of six beds, it is a pernlitted use and does not require a conditional use permit. The Emily Program is proposing 10-beds,which is not a large facility,but does require a conditional use permit. (6. #10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) Typically a conditional use permit does run with the land fo ever, and that the City is governing the use of the property with a conditional use permit. The city can limit the number of people that it can house and it can also place other restrictions on the use. Mattick point d out that currently people can be ordered to a residential home provided it is not a lock-down facility wi hout the City's permission or knowledge. Mattick indicated he is familiar with The Emily Program. 111ie variance is also necessary and would run with the land. The City determines setbacks to be what they deem appropriate for the district. Mattick noted the City does have the ability to place certain restrictions on the conditional use permit. The applicant has indicated they are agreeable to withdraw from the conditional use permit should they ever vacate the premises. Mattick stated in his view if there is a voluntary action to withdraw the CUP, it would be enforceable. McMillan asked whether that CUP withdrawal could be cha lenged by the potential buyer of the property. Mattick indicated it conceivably could be,but that the recor would reflect an agreement to voluntarily withdraw the conditional use permit by the applicant. Staff as discussed the fact that CUPs are intended to be there forever provided the conditions are met and that ne alternative would be to approve an interim use permit,which would have a time limit imposed n it.