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City of Arden Hills Planning Commission Meeting for August 3, 2016 P:\Planning\Planning Cases\2016\PC 16-020 - Opt-Out Ordinance - Mobile Residential Homes\Memos_Reports_16-020 Page 2 of 4 Discussion Staff has reviewed the new law and has identified the following areas of concern: • The City currently prohibits the use of temporary accessory structures as dwellings, except a special permit may be granted by the City Council for the use of a temporary structure as a dwelling for no more than 90 days in emergency situations. The law would require the City to allow temporary family health care accessory dwellings to be in place for six months. The permit may also be renewed once for an additional six month period. • 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. 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 has been included in Attachment B. 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. Findings of Fact Municipalities have broad discretion when reviewing and adopting zoning regulations. Staff offers the following findings of fact for the Planning Commission’s consideration: 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 at 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.