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2002-12-10 CC Findings of Fact CUPDEC-13-2002 11:03 NAC 612 595 9837 P.05/11 CITY OF ALBERTVILLE Applicant's Name: Especially for Children Day Care 12-10-02 City Council Findings of Fact its Decision Conditional Use Permit Request: Especially for Children Day Care and property owner Gary Janish have requested a conditional use permit (CUP) for the operation of a daycare facility in the 13- 2 District and a Conditional Use Permit (CUP) for the construction of a special purpose fence to enclose the outdoor play area at 5600 LaCenter Suites 112-114. Planning Commission Public Hearing Date: December 10, 2002 City Council Meedng Date: December 16, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The Planning Report dated December 4, 2002 prepared by NAC is Incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The Conditional Use Permit Is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outlined herein). E. On 10 December 2002, the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission dosed the public hearing and recommended that the City Council approve the project. F. On December 16, 2002 the City Council met to consider the conditional use permit application and the planning commissions recommendation. DEC.-13-2002 11:Q4 NAC 612 595 9837 P.06/11 Decision: Based on the foregoing considerations and applicable ordinances, the Albertville City Council approves the Especially for Children Day Care Conditional Use Permits based on the most current plans and information received December 2, 2002 and December 10, 2002, subject to the following conditions: The applicant is to post °no parking or loading" signage along the curb adjacent to the west side of the outdoor playground. 2. A striped pedestrian crossing area connecting the southwest parking area to the curb in front of the daycare facility shall be installed. 3. The outdoor playground area will have a combination of soft ground covering and hard surface. 4. The applicant must obtain a fence permit. 5. Appropriate screening for the site as determined by the Albertville City Council. 6. The applicant is to submit a luminaire schedule, location summary, and cut sheats showing light fixtures. 7. The lighting is to be recessed so bulbs are not visible and have a (90) degree cut-off. 8. The structure and operation shall be in compliance with the State of Minnesota, Department of Human Services Regulations and shall be licensed accordingly. 9. Upon the issuance of any daycare faclllty conditional use permit, the City reserves the right at any and all reasonable hours, with or without notice, to inspect the premises in which the operation is being conducted to ensure compliance with the provisions of Section 1700 or any conditions additionally imposed. Adopted by the Albertville City Council this 1 & day of December 2002. City of Al rtville By: Scott Wallace, Mayor 2 DEC-13-2002 11:05 NAC 612 595 9237 P.07i11 Attest: By: Linda Goeb, City Administrator