A Group Home DiscussionCITYOF
CHANHASSEI
~ Ci~y Center Drive, PO Box I47
'hanhassen, Minnesota 55317
Phone 612.93Z 1900
General Fax 612.937.5739
· ~gineering Fax 612.937.9152
,blic Safe~ Fax 612.934.2524
Yeb www. d.&anhassen.mn, us
MEMORANDUM
TO: Mayor
City Council
FROM: Scott A. Botcher, City Manager
DATE: October 20, 1999
SUBJ.' Group Home Discussion
Mr. Knutson will be present at 5:00 p.m. to make a brief legal presentation
regarding group homes and primarily the interest of the ability of the City of
Chanhassen to govern or restrict them whatsoever.
· Cit~ ofChanhassen. A erowm.~ communin, with dean lakes, aualitv schools, a chmmin¢ &wntown thriving businesses and beauti~d oarks. A vrea~ place to live, work, and
10/20/99
14:45 FAX 651 452 5550
Thomas ]. Camvbell
l~.oger N.' K~u rsoo
Thomas M. Scan
Etl~or~ B. Knet~eh
tue~a~ Lea Poe-'
CAMPBELL KNUT$ON
~ CHANHASSEN CH
CAMPBELL KNUTS,ON
Profes.ional A~sociafion
Attorneys a~ Law
(651) 452-5000
Fax (651) er52o5550
Mr, Scott A. Botcher, City Manager
City' of Chanhassen
690 City Center Drive, Box 147
Chanhassen, MN 55317
RE: GROUP HOMES
Dear Scoff:
October 19, 1999
You asked for a briefing on the City's ability to regulate state licensed group .~ roes. 'The
shod answer is that the state and federal government have almost, but not entirely, ~_~. eempted
the City's ability to regulate state licensed group'homes.
The State Commissioner of Human Services .is charged with-licensing and regulating what
are commonly referred fo as group homes. M'm~ Stat ~5~05. The technical term ~r agroup
home is a "residential program" which is defined as: ~ .
A program that provides 24-how-a-day care, supervision, food, Iodg[n~g, rebabilit~o~, ..-~
training, education, habllitation, or f~eatmenf ouf~lde a person's_ Own herne, in~lud!~ga-
nursing horn.e-or hospital that reCeiVes public funds, administered by thecomm!ssion~ t~_ -
provide services for five or rnor~pe~Ons~whose pdmqry dlagno~]s~;nentai re fardat[°n~
related condition or menfai t]lnesS and whoso, not have a signi~car]~ pl~ysical or medicali- ~ ·
problem that necessitates nursing home care", a program in an ]~nt~rmed!ate car. e~f~ii~'
for four or more persoos with mentalretardat}on-Or a related condiffon; anursing ho~
hospital that was licensed bY the cornm~ioner on July I, '1987, fo~Provl~· a p~o~lra~
pecans with a physical handicap that Is not the_result of the nerma! ag!ngpro__~e~n.d`- '-
considered fo be a chron/c co'nciltlon; and chemical depend~enEy-or chem~Cal~u~e
-programs that are located ina hospital or nursing, homeand~receiVepublic fun~: for_ __
providing chemical abuse or-chemical depende~cy treatment services under Chafer_
254B. Residentia~ programs include home and commUnlh/~base~l ~ervices-~or per~on~v/fh~
mental retardation ora related condition .that are pmvlded in or ~)utside ota person's~ w~ ;_
borne. M'mn. b'tet. ,~ 245,4.02~ $~b~t Z4,. ' -
In plain language, a group home or residential program is a home for retarde~, mentally'
ill, physically hand[capped, or chemical dependent persons.
Suite 317 * EagandaIe Off[ce Center · 1380 Corporate Cenmr CurVe "~agan, MN ~5 k~l ·
5
10/20/99 14:45 FAX 651 452 $$50__ CAMPBE._.___LL KNUTSON ~ CHANHASSEN CH ~ 003
Mr. Scoff A. Botcher
City of Chanhassen
October 19, 1999
Page 2
Minn. Stat. ~ 245~11 preempts most of the City's authority to regulate state licensed
residential programs:
Subdivision I. Policy statement. It is the policy of the state that persons [i.e., someone who
is handicapped, retarded, or chemically dependent] shall not be excluded by municipal
zoning ordlnonces or other land use regulations from the benefits of normal residential
sun-oundings.
Subd.' 2. Permiffed single-family residential use. Residential programs with a //censer
capacity of six or fewer persons shall be considered a perm/fled single-family residential
use of property for the purposes of zoning and other land use regulations, except that a
residential program whose primary purpose is fo fi-eat juveniles who hove violated criminal
statutes relating fo sex offenses or have been adjudicated delinquent on the basis of
conduct in v/o/of/on of cdminal statutes relating fo sex offen~es shall not be considered a
permitted use. This exception shall not apply fo residential programs licensed before July
1. I993. Progrc~ms otherwise allowed under this subdivision shall not be prohibited by
operation of restrictive covenc~nf~ or similar restrictions, regardless of when entered into,
which cannot be met because of the nature of the licensed program, including provisions
which require the home's occupants be related, and that the home must be occupied by
the owner, or similar provfslons.
XXX
Subd. 3, Permiffed mulfifamily residential use, Unless otherwise provided in any town.
municipal, or county zoning regulation, a licensed residential program with a licensed
capacity of seven fo 16 per~ons shall be considered a permiffed mulfifamily residential use
of property for the purposes of zoning and other land use regulations, A town, municipal,
or county zoning authority may require a conditional use or special use permit to assure
proper maintenance and operation of a residential program. Conditions imposed on the
residential program must not be more restrictive than those imposed on other conditional
uses or special uses of residential property in the same zones, unless the additional
conditions ore necessary to protect the health and safety of the persons being served by
the program. Nothing in Sections 245A. 01 to 245A. 16 shall be construed fo exclude or
prohibit residential programs from single-family zones if otherwise permitted by local zoning
regulations.
The City can restrict residential programs for seven to 16 persons to multifamily zoning
districts, The City can also require a conditional use permit for such uses. The purpose of the
permit is limited to assuring "proper maintenance and operation" of the program. Any
conditions that are imposed are limited to those "necessary to protect the health and safety of
the persons" in the program, The conditions cannot be more restrictive than those imposed on
other uses of residential property in the same zoning district.
A similar preemption provision is contained in the zoning enabling statute, .~n~. Sta/. ~
462.357, Subd~ 6a, ~ and 9. ~ St~ ~ 46Z357, Sub& 7 [udher provides that licensed day care
facilities sewing 12 or fewer pemons, group family day care facilities, and housing with se~ice
establishments regisfe~d under Minn, Stat. Chapter I~D (housing for fhe eldedy where limited
health care is provided) are also a perilled singl~fami~ use of prope~,
10/20/99 14:45 FAX 651 452 5550 CAMPBELL KNUTSON
Mr. Scott A. Botcher
City of Chanhassen
October 19, 1999
Page :3
~ CHANHASSEN CH ~ 004
In summary wheat this means.is:
Group homes for up to six people ore a permitted single-family use of properly.
The only exception is that group homes for juvenile sex offenders licensed after
July 1, 1995 are not a permitted single--family use. Group homes for such
individuals licensed before that date are a permitted single-family use.
Group homes for seven to 16 persons must be allowed in mulfJfam[ly districts, but a
conditional use permit can be required. The conditions that can be imposed on
the permit are minimal.
The City's ability to regulate group homes for handicapped individuals is fudher restricted
by the FederalFairl~ous. lngAct, 42 [.Z.~.C. §$60~, ~s~..~..¢, Violation of the Act includes "a refusal to
make reasonable accommodations in rules, policies, practices, or service, when such
accommodations may be necessary to afford [handicapped] person[s] equal
accommodations 1o use and enjoy a dwelling." Based upon the Act, courts have frequently
struck down restrictions on group homes or conditions attached fo their approval. _[rnffedStates v.
City of Phttad¢ltohla, 838 F. Supp. 223 (EDPA, 1993); ?_ln~ted State~ v. Tavlor, 872 F.$uptx 423 (JLD. Mich.
~995); Banl~erten v. Orern C'71v CortJ, 46 )~.$d I491 (I0~ Cir. 1995); ttovsons, Ina v. TawnsMv of Br~ck, 89 F.$d
1096 (3'~ Cir. 1966).
If you have any questions, please call.
RNK:srn
_/
Regards,
~UTSON
Associaffon
r N. Knutson