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1� <br /> `: <br /> #10-3473 RPUD Amendment <br /> June 17,2010 <br /> Page 2 <br /> "78-418. Conditional Uses. <br /> (14)Hospita.ls for human care, sanitariums, rest homes,nursing homes,provided that all <br /> buildings are located 100 feet or more from the lot line of any abutting lot in an R district. <br /> The site sha11 contain not less thari 600 squaze feet of lot area for each person to be , <br /> accommodated." <br /> Additionally,the B-4 Office and Professional Business District allows "nursing homes" as a <br /> conditional use in the following context: <br /> "78-734. Conditional Uses. ` <br /> Nursing homes,hospitals,rest homes or retirement homes,provided the site shall conta.in <br /> not less than 600 square feet of lot area for each person to be accommodated, and no <br /> . building is located less than 35 feet from the side lot line." <br /> These or nearly identical provisions have been in the Code since the 1960s. Because there are no <br /> _ definitions in the code for"nursing home", "rest home", "retirement home", "hospital"or <br /> "sanitarium", one must make a reasonable interpretation of what they are. Sanitariums and <br /> hospitals seem to connote an institutional level of health care, whereas rest homes,nursing <br /> homes and retirement homes are fairly synonymous and have more of a residential character, <br /> with some level of living assistance. Each of the above uses suggests a living situation that in <br /> something other than the standard single-family dwelling situation. <br /> It would be a stretch,however,to conclude that nursing homes are the direct equivalent of multi- <br /> family dwellings. If we were to make that leap,then we would have to assuxne that multi-family <br /> , dwellings were intended to be allowed in the RR-1B and B-4 districts -which they clearly were <br /> not. � <br /> In reviewing how other neighboring cities' codes address nursing homes, assisted living and the <br /> . like, Plymouth allows as a conditional use in its RMF-2 (multifamily) district"Residential care <br /> facilities such as nursing homes, assisted living facilities and similar facilities (excludes <br /> hospitals, sanitariums or similar institutions)". Mirinetonka allows as a conditional use in its R-4 <br /> district"public or private nursing or convalescent homes". Golden Valley allows as a permitted <br /> use in its R-4 multifamily district"Senior and Physical Disability Housing". It appears there is a <br /> wide variety of ways in which cities have addressed the topic; it appears less common to see <br /> them allowed in a single-family district. <br /> It may also be interesting to note that while nursing homes have been an allowed use in Orono's <br /> RR-1B District(where municipal utilities axe not commonly available) for the past 40 years,no <br /> such application has ever come forward. The current proposal for assisted living at 875 Wayzata <br /> Boulevard would not be in front of us but for the City's commitment to a comprehensive <br /> package including reguiding, rezoning to RPUD, and providing utilities to that site. <br /> ,,, . <br />