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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Curtis stated the applicant is requesting a conditional use permit and setback variances in order to operate an in-patient eating disorder treatment facility for up to eight clients in the existing building on the property. The Emily Program intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building which are not consistent with a single family home. Due to the location of the existing building on the property, setback variances are also requested. A “hospital use” requires a 100-foot setback from adjacent residentially zoned properties where the school use only required a 50-foot setback. Based on the hospital use requirement outlined within City Code 78-418(14), the proposed use requires a minimum of 600 square feet of lot area for each person to be accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 square feet in area and exceeds this requirement. The requirement for open parking spaces in a location other than a required yard cannot be met on this property. A previously approved variance for the previous user allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is met from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new variance will need to be granted for the parking within the required 100 foot yard area. The proposed location of the conditional use is in accord with the objectives of the City’s conditional use permit and the purposes of the district in which the site is located and the comprehensive municipal plan. Staff also finds that the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed conditional use will comply with each of the applicable provisions of Zoning Ordinance Section 78-916. Staff finds that the proposed use is compatible with the requirements of 78-418(14) and the applicant is able to meet the conditions outlined within the code. As the applicant is proposing to utilize an existing building, a building with some local historic value, staff finds the setback variance request is reasonable. Further, the proposed use will result in fewer vehicle trips to and from the site than the previous occupant and in particular will eliminate the high-traffic times of the former occupant. Residents will typically come and go as a group on an outing or other activity in a single vehicle. Clinicians and employees are small in number and visit at staggered times as the facility runs on a 24-hour schedule. Planning Staff recommends approval of the conditional use permit with variances for the Emily Program as proposed. The Planning Commission recommended approval of the setback variance and conditional use permit limiting the use to 10 beds/clients. The Commission also asked Staff to identify findings and conditions for the resolution which would limit subsequent users of the property who may not be as compatible in a neighborhood setting. Dirk Miller stated the Emily Program is an eating disorder program. Their main office is located in St. Anthony Park but they also have a hub office in St. Louis Park and offices in Stillwater, Duluth, and Burnsville. At the present time they are proposing a ten bed residential program, which would be licensed by the State of Minnesota as an eating disorder structured living program. This license has been Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 5 of 20]