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_________________________________________________________________________________________ <br />City of Arden Hills <br />City Council Work Session for July 18, 2016 <br />P:\Planning\Planning Cases\2016\PC 16-020 - Opt-Out Ordinance - Mobile Residential <br />Homes\Memos_Reports_16-020 <br />Page 1 of 2 <br /> <br /> DATE: July 18, 2016 <br /> <br />TO: Honorable Mayor and City Councilmembers <br />Sue Iverson, Acting City Administrator <br /> <br />FROM: Matthew Bachler, Senior Planner <br /> <br />SUBJECT: Opt-Out Ordinance – Temporary Family Health Care Accessory Dwellings <br /> <br /> <br />Background <br /> <br />The State legislature passed a bill this session establishing a new permitting process for <br />temporary family health care accessory dwellings. The law specifically applies to dwellings used <br />for short-term care purposes for family members in need of assistance. Under the new <br />regulations, these dwellings would require permitting from the City but would be exempt from <br />certain provisions within the City’s land use and building regulations. The Community <br />Development Department provided comments on the draft legislation to the League of <br />Minnesota Cities noting its concerns about the impacts of the law on public health and safety. <br />Although the law was adopted, there is a provision that allows cities to opt-out of the law if an <br />ordinance is approved before it goes into effect on September 1, 2016. <br /> <br /> <br />Discussion <br /> <br />Staff continues to have concerns about the new law even though changes were made to the draft <br />legislation based on comments provided by municipalities, including: <br /> <br />• The City currently prohibits the use of temporary accessory structures as dwellings, <br />except a special permit may be granted by the City Council for the use of a temporary <br />structure as a dwelling for no more than 90 days in emergency situations. The law would <br />require the City to allow temporary family health care accessory dwellings to be in place <br />for six months. The permit may also be renewed once for an additional six months. <br /> <br />• The law would supersede existing land use regulations in the City Code related to <br />accessory structures. Though the statute would require that the accessory dwelling units <br />comply with the City’s setback requirements that apply to the principal structure on the <br />property, it does not address lot coverage, drainage, and shoreland requirements. <br /> <br />AGENDA ITEM – 1B <br /> MEMORANDUM