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CAP Board approves conditional use permit and lot-size variance for proposed six-person IRTS at 615 Park

Capitol Area Architectural and Planning Board · June 4, 2025
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Summary

After months of outreach and technical review, the Capitol Area Architectural and Planning Board approved a conditional use permit and a minimum-lot-size variance allowing a six-person intensive residential treatment services facility at 615 Park, with three staff-recommended conditions including occupancy limits, an applicant-maintained contact resource, and return-to-board provisions for complaints.

The Capitol Area Architectural and Planning Board on June 10 approved a combined conditional use permit (CUP) and minimum-lot-size variance to allow a six-person intensive residential treatment services (IRTS) facility at 615 Park.

Board members and staff framed the decision as a zoning determination distinct from DHS licensing and building-code approvals. Peter Musty, principal planner and zoning administrator, told the board staff recommends approval because the proposed use meets congregate-living zoning standards except for a substandard lot size (approximately 0.11 acres, roughly 5,000 square feet). Musty said staff developed three conditions with the applicant and community since March: confirm the number of permitted residents and bedrooms; require the applicant to maintain an informational online contact resource; and require the applicant to come back before the board if property issues arise.

Board member Hannah Hills, a mayoral appointee who coordinated neighborhood outreach, told the board that neighbors had mixed reactions but that the process produced tangible accountability mechanisms. "This IRTS facility is one of the few tools available to offer stability and transition support," Hills said, adding that oversight by licensed DHS staff and the possibility of revoking licenses provide enforceable safeguards.

Phoebe Abdallah, representing the applicant family, described personal experience with IRTS supports and argued for the benefits of smaller, community-based facilities. "Research shows that community-based, smaller facilities are better," Abdallah said, describing the proposal as complementary to nearby hospital services and pledging community accountability and responsiveness.

Erin Ruiz, Department of Human Services subject-matter expert on IRTS licensing, told the board DHS evaluates adequacy of interior and exterior living space on a case-by-case basis rather than by applying a single blanket green-space minimum. "We look at whether there's enough space for someone to go outside and sit in the backyard and whether the house provides enough privacy and appropriate space for up to 90 days," Ruiz said.

The board debated whether to separate the CUP and the variance into two votes. Senator Carla Nelson argued the lot-size standard for the 66-block capital area is a core CAP-board responsibility and suggested separate votes; Representative Ginny Cleavorn and others asserted the requests are linked and should be considered as a package. The motion to split failed and the board subsequently voted to approve the combined CUP and variance with the staff conditions. The roll call recorded multiple 'Aye' votes and at least one 'No' (Senator Nelson); the chair announced the motion passed.

The CAP board emphasized that approval is a zoning action only; DHS and the city of Saint Paul retain authority over licensing, building code, fire and life-safety systems, and the certificate of occupancy required before the facility may operate. The board also noted a limit on full occupancy tied to sprinkler installation: the resolution recognizes up to six residents in three bedrooms but references the city’s building-code threshold that restricts occupancy to five without an installed sprinkler system.

Board staff will track adherence to the condition that the applicant maintain public contact information and will reconvene the applicant before the board if complaints or licensing concerns arise. The applicant and DHS will continue parallel processes for licensing and inspections.

Next steps: the applicant proceeds with required DHS and city licensing reviews and building-permit work. CAP board staff will continue outreach and enforcement of the conditions set in the resolution.