HomeMy WebLinkAboutCorrespondence on use of building �o�o
C ITY OF ORONO
� � Street Address: Mailing Address: Telephone(952)249-4600
y� � 2750 Kelley Parkway P.O.Box bb Fax (952)249-4616
!,9 F,�' Orono, MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
kFSHo�
22 April 2014
lulie Reger
Minnesota Department of Human Services
Licensing Division
PO Box 64242 �
St. Pa u I, M N 55164-0242
RE: License Number 1074295/Addiction Intervention Recovery Resources of MN
Ms. Reger
At the request of Kevin Schieffer, we have reviewed the history contained in City files regarding the
existing use of the property addressed 2389 Blaine Avenue in Orono. Based on the history contained
within our files for the above address we have concluded that the current use is considered a legal non-
conforming use. Clinic/medical office is not a specific permitted use within the B-1 district where the
office is located however it was permitted in the past as an allowed use prior to an amendment to the B-
1 District code which removed clinics from the permitted uses.
The City is willing to waive the required 30 day waiting period for a new chemical dependency treatment
licensee to operate at the above address based on the information above. Please contact me with any
questions at mcurtis@ci.orono.mn.us or 952.249.4627.
Sincerely,
CITY OF ORONO
� �����
Melanie Curtis
Planning &Zoning Coordinator
Copy via email: Kevin Schieffer
Minnesota Department of Human Services
April 17, 2014
�F
Zoning Administrator �'���°��'^�
City of Orono APR
2750 Kelley Pkwy C�� 2 1 Z��¢
Orono, MN 5 5 3 5 6 ���RO/�/Q
Re: Zoning Notification of Application for
Department of Human SPrvices Program Li�ense
License Number: 1074295
This is to inform you that the Department of Human Services, Division of Licensing has
an application for a program to be licensed under Minnesota Rules,parts 9530.6405 to
9530.6505 from Addiction Intervention Recovery Resources of Minnesota, 2389
Blaine Ave, PO Box 21, Navarre, MN 55392 to provide chemical dependency treatment
services.
Issuance of this license is subject to compliance with the provisions of Minnesota
Statutes, Chapter 245A.
If you do not contact the Division of Licensing within 30 days of receipt of this letter, we
will consider this facility to be in compliance with your local zoning code.
If you have questions regarding the facility or its location, please contact Mary Ellen
Mackenna McNutt at 612-720-3470.
If you have any questions regarding this letter, contact Julie Reger at 651-431-6601 or
fax information to (651) 431-7673.
Sincerely,
� ����
Julie Reger, Supervisor
Licensing Division
Office of Inspector General
(651)431-6601
slp
PO Box 64242 *Saint Paul,Minnesota*55164-0242 *An Equal Opportuniry Employer
http://www.dhs.state.mn.us/licensing
Melanie Curtis
From: Melanie Curtis
Sent: Wednesday, April 23, 2014 9:07 AM
To: 'Kevin Schieffer'
Subject: RE: Addendum
Attachments: letter MN DHS O42214.pdf
Kevin
The attached letter will go out in today's mail.
Melanie
Melanie Curtis � 952.249.4627 � mcurtisC�ci.orono.mn.us
From: Kevin Schieffer [mailto:KevinCa�lifestylecounseling.com]
Sent: Monday, April 14, 2014 12:14 PM
To: Melanie Curtis
Subject: Re: Addendum
Thank you for your thoughtful consideration and prompt response. I will inquire with DHS as to required steps.
Again, thanks very much,
Kevin
Sent from my iPhone
On Apr 14, 2014, at 11:40 AM, Melanie Curtis <MCurtis(a�ci.orono.mn.us>wrote:
Kevin
We have reviewed your request and based on the history contained in City files for this use at this
address we have concluded that the current use is considered a legal non-conforming use. Clinic/medical
office is not a specific permitted use within the B-1 district where your office is located however it was
permitted in the past as an allowed use prior to an amendment to the B-1 District code which removed
clinics from the permitted uses.
I have reviewed the Division of Licensing inspection form with Lyle Oman, our Building Official and he
determined the form is not applicable as the occupancy is not proposed to be changing. If you have
questions or wish to discuss this further with Mr. Oman he can be reached at 952.249.4625 and I have
also copied him on this email.
The City is willing to waive the required 30 day waiting period. Is there a form or specific papervvork
needed to acknowledge the City's waiver of the 30 day waiting period for the new license?
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
1
� . ,
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtisaC�.ci.orono.mn.us
Website: www.ci.orono.mn.us
From: Kevin Schieffer [mailto:KevinCa�lifestylecounselinq.com]
Sent: Monday, April 07, 2014 12:02 PM
To: Melanie Curtis
Subject: Fwd: Addendum
Thank you Melanie
Kevin Schieffer
651-295-0022
Sent from my iPhone
Begin forwarded message:
From: "Koegler, Keith A (DHS)" <keith.koe��a�,state.mn.us>
Date: April 7, 2014 at 9:55:54 AM CDT
To: Kevin Schieffer<kevin e,lifestylecounselin�.com>
Cc: Mary McNutt<mary(a�lifestylecounselin .g com>
Subject: RE: Addendum
Here is the building inspection form.
Whoever is responsible for zoning in the city your program will be located may contact
me. I will need to complete two items with the zoning administrator: 1. I will need a
written statement that the proposed use of the program is in compliance with all zoning
ordinances; and 2. To confirm in writing that the city will not require the following as
required by MN Statutes 245A.04, subdivision 2: The commissioner must not issue a
license without giving 30 calendar days' written notice to the affected municipality or
other political subdivision.The notification must be given before the first issuance of a
license and annually after that time if annual notification is requested in writing by the
affected municipality or other political subdivision.
Keith Koegler, MH/CD Unit Supervisor
Minnesota Department of Human Services
Office of Inspector General
Licensing Division
PO Box 64242
444 Lafayette Road North
St. Paul, MN 55164-0242
(651)431-6610
Fax: (651)431-7673
2
Melanie Curtis
From: Mike Gaffron
Sent: Tuesday, April 08, 2014 12:31 PM
To: Melanie Curtis; Soren Mattick
Cc: Lyle Oman
Subject: 2389 Blaine Avenue- Building &Zoning Use Approvals Request
Attachments: 2389 Blaine Ave- Background Info.pdf
Melanie &Soren—
Regarding the request by Kevin Schieffer for approvals apparently required by MN Dept of Human Services for licensing
of a new owner of an existing outpatient chemical dependence treatment (clinic?office?) at 2389 Blaine Avenue:
1) This use apparently goes back to at least 1983 in this small office/retail building, based on letters in the City files.
2) The building has been at that location since at least 1970.
3) The property is zoned B-1 and has been zoned that way since 1967.
4) In 1967, office and clinic were permitted uses in the B-1 zone.
5) In 1975 the City created the B-4 Professional Office district, and revised the status of various uses.
- "Professional offices and offices of a general nature" became a conditional use in B-1;
- "Clinic" was removed from B-1 entirely;
- "Professional offices and offices of a general nature" and "Clinics" became a permitted use in B-4;
6) In 1983 City Planner Alan Olson indicated in a letter to Robert Harding, building owner, that the PACI Treatment
Clinic could relocate to the building without any special approvals other than a `zoning certificate of occupancy',
based on the proposed use being similar to other uses already in the same building (dental office was noted).
7) Later in 1983 in response to a request for zoning confirmation from the Minnesota Dept. of Public Welfare
("DPW",which I assume later became Dept. of Human Services) Zoning Administrator Jeanne Mabusth indicated
that a clinic requires a CUP.There is no further followup information that suggests a CUP was applied for or
issued. It is very possible that Mabusth deferred to Olson's earlier assessment of the situation as being an
allowed office use in the B-1 district.
I think an argument can be made that the outpatient chemical dependency treatment clinic that has operated at the site
for the past 20-30 years can be considered as continuation of a legal non-conforming office use which existed at the site
in this building at the time in 1975 when the list of B-1 uses was revised.
This has been an extremely benign use, and I don't think we have any reason to force them into going through a CUP at
this point.
Soren—your thoughts on the matter? I've attached a pile of documents relevant to the discussion—start with the email
trail in first two pages.
Let's discuss on Thursday. Thanks!
Mike
Michael P.Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address) P.O.Box 66,Crystal Bay,MN 55323
Phone: (952)249-4600
Fax: (952)249-4616
1
Melanie Curtis
From: Kevin Schieffer[Kevin@lifestylecounseling.com]
Sent: Monday, April 07, 2014 12:23 PM
To: Melanie Curtis
Subject: Re: Addendum
Thank you Melanie,
Just to keep it clear in your mind I have for over 20 years operated a business called lifestyle counseling of
Mound at that same location which is 2389 Blaine Ave. the business is outpatient chem dep treatment. The new
owner intends to operate a similar business at the same location under a different name. My license to provide
chemical dependency treatment was not transferable and the request I sent you is pursuant to State Licensure
requirement for the new owner.
Again time is of the essence for me in this matter as I have terminal cancer. Anything you can do to move this
along quickly would be very much appreciated.
Kevin Schieffer
Sent from my iPhone
On Apr 7, 2014, at 12:06 PM, Melanie Curtis <MCurtis(c�r�,ci.orono.mn.us> wrote:
Kevin
I got it. I will take a look and see what we can do here.
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtisCa�ci.orono.mn.us
Website: www.ci.orono.mn.us
From: Kevin Schieffer [mailto:Kevin@lifestylecounseling.com]
Sent: Monday, April 07, 2014 12:02 PM
To: Melanie Curtis
Subject: Fwd: Addendum
Thank you Melanie
Kevin Schieffer
651-295-0022
Sent from my iPhone
i
� . a
Begin forwarded message:
From: "Koegler, Keith A (DHS)" <keith.koe�ler(a�state.mn.us>
Date: Apri17, 2014 at 9:55:54 AM CDT
To: Kevin Schieffer<kevin(a�lifestylecounselin .g com>
Cc: Mary McNutt <mar�(a�lifestylecounselin .c�om>
Subject: RE: Addendum
Here is the building inspection form.
Whoever is responsible for zoning in the city your program will be located may contact
me. I will need to complete two items with the zoning administrator: 1. I will need a
written statement that the proposed use of the program is in compliance with all zoning
ordinances; and 2. To confirm in writing that the city will not require the following as
required by MN Statutes 245A.04, subdivision 2: The commissioner must not issue a
license without giving 30 calendar days'written notice to the affected municipality or
other political subdivision.The notification must be given before the first issuance of a
license and annually after that time if annual notification is requested in writing by the
affected municipality or other political subdivision.
Keith Koegler, MH/CD Unit Supervisor
Minnesota Department of Human Services
Office of Inspector General
Licensing Division
PO Box 64242
444 Lafayette Road North
St. Paul, MN 55164-0242
(651)431-6610
Fax: (651)431-7673
Caution: This e-mail and attached documents,if any, may contain information that is
protected by state or federal law. E-mail containing private or protected information should
not be sent over a public(nonsecure) Internet unless it is encrypted pursuant to DHS
standards.This e-mail should be forwarded only on a strictly need-to-know basis. If you are
not the intended recipient,please: (1) notify the sender immediately,(2)do not forward the
message,(3)do not print the message and(4)erase the message from your system.
2
INTERAGENCY R�QUEST FOR BUILDING INSPECTIOfdS
To: RETURN TO:
Building Inspector Division of Licensing
City Addiction, Interventian,Recovery MN Department of Human Services
Resources of Minnesota PO Box 64242
2389 Blaine Ave,PO Box 21 St. Paul, MN 55164-Q242
Navane,MN 55392 FAX: (651)439-7673
Prior to issuing a license, verification is required that a facility is in compliance with appropriate state or local
building oodes. An inspection is required for all proposed facilities located in a code area which involves new
construction, major renovating, or change in occupancy{i.e. any facility not currendy used for the proposed
usage,} Please complete the information requested and retum to the Licensing Division with any orders
attached. A copy of orders should also be provided to the program.
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PROGRAM INFORMATION
Date:April 7, 2014
Name/address of facility: Addic#ion, Intervention, Recovery Resources of Minnesota, 2389
Blaine Ave, PO Box 21, Navarre, MN 55392
Proposed use: To provide chemical dependency treatment services
Namelphone number of contact person: Mary Ellen Mackenna McNutt at 612-720-3470
Area of facility to be used: Unknown at this time
Numbers and age ranges of participants:Ages 18—75 years old, both genders
Does the facility plan to serve handicapped individuais? Unknown�at this time
,�,�**,�«,�*»,�«,�,�,�,�*���..,►«�**,�.�,�*****,�****x,��,�,�,�*,�,��,►**«�*,�*�*�«*�«�►*��,�,�**
� BUILDING CODE REQUEST:
[ ) Not applicable: facility located in a non-coded area of state.
Signature of Locai Official: � Date:
Title:
The facility is located in a code area and has new construction, major renovating, or change in occupancy i.e.
any facility not currently used for the proposed usage.
[ ] Facility meets requirements
[ ] Facility does not meet requirements and cannot be occupied until�rders are met
[ ] Facility does not meet requirements, but may temporarily be axupied untif (date)
pending completion of orders.
Signature of 8uilding Code Inspector:
DATE Certificate Number.
Comments: