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ARDEN HILLS PLANNING COMMISSION – August 3, 2016 9 • The law would supersede existing land use regulations in the City Code related to accessory structures. Though the statute would require that the accessory dwelling units comply with the City’s setback requirements that apply to the principal structure on the property, it does not address lot coverage, drainage, and shoreland requirements. • The law requires applicants to provide proof of adequate septic service management. City staff has concerns about the feasibility of providing safe, temporary septic services to these types of structure and what the process would be for enforcement and mitigation if there were a failure in these services. • The law stipulates that applications must include proof of the provider network providing the primary care for the resident in the dwelling unit, and written certification of the need for assistance from a medical professional. This requirement places a burden on City staff to review and properly manage this type of private medical documentation. Senior Planner Bachler reported that the City Council discussed this item at their Work Session on July 18, 2016, and directed staff and the City Attorney to draft an opt-out Ordinance. A draft of Ordinance Number 2016-07 was reviewed. The Ordinance would amend Section 1325.01 (Accessory Structures) of the Zoning Code to add Subdivision 8, which would specifically exempt the City from following the provisions in Minnesota Statutes, Section 462.3593 regarding temporary family health care accessory dwellings. Senior Planner Bachler provided the Findings of Fact for review: 1. The Minnesota State legislature passed a bill in the 2016 session establishing a new permitting process for temporary family health care accessory dwellings, codified as Minnesota Statutes, Section 462.3593. 2. The law allows cities to opt-out of the law if an Ordinance is approved before it goes into effect on September 1, 2016. 3. The City has elected to opt-out of the law due to concerns regarding the impact of the law on public health and safety and its desire to maintain its existing land use controls. 4. The proposed Ordinance is consistent with the City’s Comprehensive Plan. Senior Planner Bachler recommended approval of Ordinance Number 2016-07 in Planning Case 16-020 to opt-out of the requirements of Minnesota Statutes, Section 462.3593 regarding temporary family health care accessory dwellings, as presented in the August 3, 2016, report to the Planning Commission. Senior Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval as Submitted 2. Recommend Approval with Changes 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments.