HomeMy WebLinkAbout1988-084 CCRMember Celia Scott introduced the following resolution and
moved its adoption:
RESOLUTION NO. 88 -84
RESOLUTION AFFIRMING THE DECISION OF THE DIRECTOR OF PLANNING
AND INSPECTION WITH RESPECT TO THE APPEAL OF LAPEPINIERE
MONTESSORI ACADEMY; PLANNING COMMISSION APPLICATION NO. 88003
WHEREAS, the LaPepiniere Montessori Academy (the Appellant) wishes to
submit an application for a special use permit for the operation of a group day care
facility on property located at the Palmer Lake Plaza on Shingle Creek Parkway,
which is located in an I -1 zone of the City; and
WHEREAS, the Director of Planning and Inspection has determined that a
group day care facility is not an authorized use by special use permit in an I -1 zone,
and
WHEREAS, the Appellant has appealed the determination of the Director of
Planning and Inspection; and
WHEREAS, on April 14, 1988, following a hearing, the Planning Commission
recommended that the determination of the Director of Planning and Inspection be
affirmed; and
WHEREAS, on April 25, 1988, the City Council considered the appeal, after
giving the Appellant a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the following Findings of' Fact, Conclusions and Order be,
and hereby are, adopted:
FINDINGS OF FACT
1. The property at which the Appellant seeks to operate a group day care
facility is located in an I -1 zone of the City.
2. Group day care facilities, which are defined in Code Section 35 -900,
are allowed by the City Code in certain zones of the City, such as
residential zones, C1 zones, and C2 zones.
3. Under the zoning regulations pertaining to I -1 zones, "educational
uses" are allowed by special use permit.
4. The Appellant asserts that "educational uses" should be interpreted
to include group day care facilities.
5. The City has not previously allowed, by special use permit or
otherwise, the operation of' group day care facilities in I -1 zones of
the City.
6. Children at group day care facilities are particularly vulnerable and
in need of protection. Additionally, they commonly spend long
periods of time during each day at the facility. Neither of these
factors ordinarily apply in other uses, such as dance schools, which
have been regarded as "educational uses" by the City Council in the
past.
RESOLUTION NO. 88 -84
ATTEST:
7. Certain uses which are permitted in an I -1 zone of the City can provide
an environment which is not suitable for young children. Some of the
permitted uses in an I -1 zone may generate noise, dust, fumes and
vibrations, and may present additional hazards of fire, explosion, or
other accidents. Such uses do not provide a suitable environment for
the daily care of small children.
CONCLUSIONS
1. The proposed use is as a group day care facility.
2. Group day care facilities are not "educational uses" within the
meaning of Section 35- 330.3f of the City Code.
3. Group day care facilities are neither permitted uses nor authorized
special uses in I -1 zones of the City.
ORDER
Based on the foregoing, it is ordered that the decision of the Director of
Planning and Inspection that group day care facilities are not permitted or
authorized special uses in I -1 zones of' the City is hereby affirmed in all respects.
May 23, 1988
Date
F
Deputy Cit Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Rich Theis and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Celia Scott, and Rich Theis;
and the following voted against the same: Bill Hawes,
whereupon said resolution was declared duly passed and adopted.