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REQUEST FOR COUNCIL ACTION Date: March 6, 2023 Item No.: 7.a Department Approval City Manager Approval Item Description: Consider an appeal of a staff decision regarding whether or not two “micro- units” are permissible dwelling units at 2555 Victoria Street N, the parcel immediately south of, and in common ownership with Prince of Peace Lutheran Church at 2561 Victoria Street N 1 B ACKGROUND 2 In December of 2022, staff became aware that two “micro units” (hereafter referred to as “Units”) had 3 been placed on the property at Prince of Peace Lutheran Church and both were occupied. The Units 4 (Attachment A) have also been referred to as tiny homes and recreational vehicles (or RV’s). These 5 Units are located on trailers and are not connected to City sewer or water. They are heated, receiving 6 electricity from a detached garage structure. One of the Units houses a single, female occupant who 7 has been experiencing chronic homelessness. The other Unit houses three individuals, including a 8 child. According to Prince of Peace, the occupants have access to the church 24 hours a day, seven 9 days a week for needs not met by the Units, including kitchen and bathroom facilities. The two Units 10 appear to sit on the parcel immediately south of the church parcel (2555 Victoria Street N), which is a 11 separate legal parcel with the LDR, Low Density Residential zoning designation. The adjoining church 12 parcel at 2561 Victoria Street N is zoned IN, Institutional. 13 City staff has determined these Unitsare not legal dwelling units and informed the property owner 14 that the Units either must be removed from the property or brought into compliance with Zoning, City, 15 and Building Code requirements. The property owner has filed an appeal of this staff decision, as 16 provided for under Zoning Code Section 1009.08. Appeals are heard before the City Council, acting 17 as the Board of Adjustment and Appeals. 18 The timeline of events surrounding this topic are as follows: 19 December 19, 2022: City staff received a newsletter published by Settled, which disclosed a 20 Sacred Settlement taking shape at Prince of Peace Lutheran Church. This newsletter referred 21 to an interim Sacred Settlement and two homes with a common area for gathering (Attachment 22 B). 23 December 20, 2022: City staff contacted Pastor Peter Christ via phone and email to gather 24 information to aid in determining whether or not the Units complied with Zoning Code, City 25 Code, and Building Code requirements. It was determined that, due to the pending holiday, 26 meaningful discussions could not occur until the first week in January. Pastor Christ did note 27 that Settled would contact City staff with technical information about the Units. 28 January 4, 2023: Gabrielle Clowdus from Settled emailed City staff to communicate that the 29 Units are MN certified Recreational Vehicles (Attachment C). Page 1 of 5 RS160\\1\\859178.v1