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08-03-2016 PC
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<br />City of Arden Hills <br />Planning Commission Meeting for August 3, 2016 <br />P:\Planning\Planning Cases\2016\PC 16-020 - Opt-Out Ordinance - Mobile Residential <br />Homes\Memos_Reports_16-020 <br /> <br />Page 2 of 4 <br />Discussion <br /> <br />Staff has reviewed the new law and has identified the following areas of concern: <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 month period. <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 />• The law requires applicants to provide proof of adequate septic service management. City <br />staff has concerns about the feasibility of providing safe, temporary septic services to <br />these types of structure and what the process would be for enforcement and mitigation if <br />there were a failure in these services. <br /> <br />• The law stipulates that applications must include proof of the provider network providing <br />the primary care for the resident in the dwelling unit, and written certification of the need <br />for assistance from a medical professional. This requirement places a burden on City staff <br />to review and properly manage this type of private medical documentation. <br /> <br />The City Council discussed this item at their Work Session on July 18, 2016, and directed staff <br />and the City Attorney to draft an opt-out Ordinance. A draft of Ordinance Number 2016-07 has <br />been included in Attachment B. The Ordinance would amend Section 1325.01 (Accessory <br />Structures) of the Zoning Code to add Subdivision 8, which would specifically exempt the City <br />from following the provisions in Minnesota Statutes, Section 462.3593 regarding temporary <br />family health care accessory dwellings. <br /> <br /> <br />Findings of Fact <br /> <br />Municipalities have broad discretion when reviewing and adopting zoning regulations. Staff <br />offers the following findings of fact for the Planning Commission’s consideration: <br /> <br />1. The Minnesota State legislature passed a bill in the 2016 session establishing a new <br />permitting process for temporary family health care accessory dwellings, codified at <br />Minnesota Statutes, Section 462.3593. <br />2. The law allows cities to opt-out of the law if an Ordinance is approved before it goes into <br />effect on September 1, 2016.
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