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2016-08-03_PC_Agenda_Packet
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2016-08-03_PC_Agenda_Packet
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Planning Commission
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Agenda/Packet
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8/3/2016
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RPCA Attachment A <br />Temporary Family HealthCare Dwellings <br />June 9, 2016 <br />Page 2 <br />individual’s power of attorney sign the permit application or a consent to release his or her <br />data. <br />The application’s data requirementsmay result in the city possessing and maintaining <br />nonpublic data governed by the Minnesota Government Data Practices Act. <br />3 <br />The new law sets forth a permitting system for both cities and counties. Cities should <br />consider whether thereis an interplay between these two statutes. <br />Do cities need to do anything to have the new law apply in their city? <br />No, <br />the law goes into effect September 1, 2016 and automatically applies to all cities that do not <br />opt out or don’t already allow temporaryfamily health care dwellingsas a permitted use under <br />their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept <br />4 <br />applications, must have determined a permit fee amount (if the city wants to have an amount <br />different than the law’s default amount), and must be ready to process the permits in accordance <br />with the short timeline required by the law. <br />What if a city already allows a temporary family health care dwelling as a <br />permitted use? <br />If the city already has designatedtemporary family health care dwellings as a permitted use, then <br />the law does not apply and the city follows its own ordinance. The city should consult its city <br />attorney forany uncertainty about whether structures currently permitted under existing ordinances <br />qualify as temporary family health care dwellings. <br />What process should the city follow if it chooses to opt out of this statute? <br />Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide <br />clear guidance on how to treat this opt-out ordinance. However, since the new law adds section <br />462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may representthe adoption <br />or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, <br />subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to <br />5 <br />err on the side of caution and treat the opt-out ordinance as azoning provision. <br />Does the League have a model ordinance for opting out of this program? <br />Yes. <br />Link to opt out ordinance here:Temporary Family Health Care Dwellings Ordinance <br />Can cities partially opt out of the temporary family health care dwelling law? <br />3 <br />See Minn. Stat. §394.307 <br />4 <br />Cities do have flexibility as to amounts of the permit fee. The law sets, as a default,a fee of$100 for the initial <br />permit with a $50 renewal fee, but authorizes a city to provideotherwise by ordinance. <br />5 <br />For smaller communities without zoning at all, those cities still need to adopt an opt-out ordinance. In those <br />instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the <br />statute, cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their <br />communities. <br />Page 2 of 6 <br /> <br />
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