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County approves conditional use permit for adult foster care and lodging with state‑license requirement
Summary
The board approved a conditional use permit for an applicant seeking both adult foster care and a lodging establishment but added a condition forbidding use of the foster‑care portion until the state issues the required license.
Wabasha County commissioners voted June 3 to approve a conditional use permit (CUP) for an application that would allow an adult foster care home and a lodging establishment on a property in the Plainview area, but they added a condition that the adult foster care portion cannot be used until a Minnesota Department of Human Services license is obtained.
The planning commission had recommended approval on a 5–0 vote with multiple conditions, including that the applicant provide a copy of the state license, secure building and septic permits, obtain an E‑911 address prior to a building permit, and ensure compliance with building and accessibility codes. The planning commission also required an inspection by the county’s contracted building code inspector and restricted parking along County Road 4.
During the board’s discussion, commissioners and staff expressed concern that state licensing for adult foster care beds is constrained by available bed allocations and that the applicant may be unable to secure the license in the near term. Planning staff said the county cannot substitute its own judgment for DHS on whether a license will be issued and noted DHS does not respond to hypothetical licensing scenarios.
To address that uncertainty, the board amended the planning commission recommendation to add an explicit condition: the adult foster care use "will not be utilized until a license is issued by the state" (added as a condition to the CUP). Board members said the amendment was intended to make clear the county will not consider the adult foster care operation active until state licensure is obtained. The board approved the CUP with the added condition.
Why it matters: The amendment separates land‑use approval from state licensure. If the applicant later obtains a license, the county’s condition anticipates that the applicant must demonstrate the license and comply with other conditions (building code inspection, septic permit, E‑911 addressing) before operation.
Next steps: The applicant must provide the county with a copy of the DHS license if and when it is issued, secure required permits and inspections, and return for any amendments if the scope of use changes.
