79-64
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
7226 FRONTIER TRAIL MENTAL RETARDATION FACILITY
Date: October 15, 1979
Motion by Councilman Neveaux
Resolution No. 79-64
Seconded by Councilman Geving
WHEREAS, the City has been informed that the Department
of Welfare proposes to license Dungarvin, Inc., to operate a group
residence for six mentally-retarded men, eighteen years of age and
older, in the profound to severe range of mental retardation;
NOW, THEREFORE, the City Council, after due considera-
tion, opposes the establishment of said group residence at 7226
Frontier Trail for the following reasons:
1.
The operation of the facility is a commercial, profit-
making undertaking by its promoters, in violation of the
covenants and restrictions applicable to Sunrise Hills 2nd
Addition.
2.
The City Council feels strongly that while the power to
grant permits for uses as proposed here may lie with other
bodies, the local governmental unit should have the right
to review such permit applications in an advisory capacity
at the minimum. Lack of such review leaves the local
citizens without an effective voice in this type of pro-
ceeding.
3.
The existing permit application review process, which
disregards the contractual property rights inherent in
the covenants and restrictions of Sunrise Hills 2nd Addition,
constitutes a denial of due process to those citizens who
purchased their homes in that subdivision in reliance on
those covenants and restrictions which prohibit commercial
activity within the addition and which limit occupancy to
single family use in the traditional meaning of the term.
4.
The residence is too small to accommodate six mentally
retarded men, in addition to the live-in staff of two adults.
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The lot upon which the residence is situated is narrow and
steep, with a sharply sloping driveway which is hazardous
during winter snow and ice conditions, and the small lot
size severely limits its use for outdoor recreational
activity.
The proximity of the residence to Lotus Lake constitutes a
serious hazard to the proposed residents.
All pedestrian traffic in the neighborhood is required to
use the heavily-travelled public streets of the area, due
to the lack of sidewalks.
The neighborhood is heavily populated with young children,
thereby creating a substantial risk of taunting and teasing
of the residents by the children.
There are no adequate parking facilities on the lot or on
the streets to accommodate visitors and personnel associa-
ted with administration of the facility.
There are no nearby medical facilities available in case
of emergency need, nor is there a readily-available ambulance
service.
There is an absence of suitable recreational facilities in
close proximity to the proposed residence.
The professional competence of the live-in staff and week-end
house parents is unknown to the City, and there is no
assurance that the small staff will be able to manage the
facility to the best interests of its residents.
Passed and adopted
ATTEST:
City
Hobbs
Geving
Pearson
Neveaux
Matthews
YES
NO
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