03-08-2010 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2010 7:00 o'clock p.m. ( #10 -3442 THE EMILYPROGR", 2180 NORTHSHORE DRIVE, Continued) Danielson stated she is opposed to the application because it represents an intensification of use that does not fit on the Hill School property and would be detrimental to nearby homes and families. With the Hill School, most of the activities occurred Monday through Friday during school hours and also had a number of breaks, including summer break. In addition, most of the traffic occurred twice a day on weekdays. Danielson indicated she is personally familiar with the traffic pattern because two of her children attended the Hill School. The activities of a hospital or a similar medical facility would take place 24 hours a day, seven days a week. Traffic would occur at all different hours of the day seven days of the week. Similar comparisons could be made for parking, emergency vehicle use, lighting, noise, and other impacts. The additional traffic on County Road 51 would pose a heightened safety risk at the Dakota Trail crossing. The Emily Program is not representative of the common definition of a hospital and illustrates the dramatic differences between e&icational and hospital or other similar uses. Because the zoning changes being requested are permanent, the City Council must consider the impact of other hospital and similar medical uses beyond the Emily Program. Its Chaska clinic serves as an example. It first opened up in 2002 under the name of the Anna Westin House. In 2006, another company took over its management. In 2007, the Emily Program moved in, and three years later the Emily Program is closing the Chaska facility and moving to a business location in St. Paul. there have been four changes over a period of just eight years. Danielson stated that demonstrates the importance of thinking long -term when considering significant zoning variances like the ones before us tonight. • The intensified impacts previously mentioned are magnified due to the small lot size, limited setbacks, and proximity to residential neighbors. The City's own Zoning Code recognizes the impact of hospital and similar medical uses on residents. It protects the residential uses in the zoning district by requiring a minimum two acre lot size and a 100 -foot setback for buildings and parking areas for hospitals and similar medical uses. This property consists of 0.58 acres, which is only 29 percent of the required size, and does not allow a 50 -foot setback from North Shore Drive or Briar Street to the school building. The existing parking and access driveways are set back less than two feet from the property line. Danielson stated it is clear that the lot size and setback regulations are intended to protect residents from hospitals and similar medical uses. When the intensified use of a small lot is considered in light of the standards, the variances, and conditional use permits in the City's Zoning Code, the City must vote to reject the zoning applications. Danielson stated she would also like to highlight some important points relating to standards and conditions that the current proposal fails to meet: Number one, the property can be and has been put to reasonable educational uses under conditions allowed by official controls. Number two, allowing hospital and similar medical uses on this undersized property will alter the fundamental charm and rural character of this area. Number three, the special conditions applying to the property are not peculiar to this or immediately adjoining property. In fact, there are numerous lots in this zoning district that do not meet the minimum two acre requirement and would not allow the minimum required setbacks, including many across Briar Street from the Hill School property. Could this become a precedent setting decision for tearing down a home and rebuilding • a medical clinic? It certainly appears that way. —{ Page 5 of 23 1