Agenda - Council Work Session - 05/22/2012

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CC Work Session Meeting Date: 05/22/2012 By: Tim Gladhill, Community Development Title: Review Allowable Residential Uses Permitted by Minnesota Statute 2.2. Background: The City Council identified a review of residential uses permitted under Minnesota Statutes as part of the 2012 Strategic Goals. This topic report is intended to provide a general overview of requirements of Minnesota Statutes and protections provided to certain uses. The City Attorney will also be available to review the applicable statutes. Notification: No notification required at this time. Observations: Permitted uses within a community are generally governed by the City's zoning ordinance. The City derives its police powers to provide for zoning regulations and enforcement through the State's enabling statute, Chapter 462. Specifically, Minnesota Statute Section 462.357 subd. 6a through subd. 8 provide standards a municipality must adopt as part of its zoning ordinance related to residential surroundings. Subdivision 6a states that it is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. Subdivision 7 provides direction of uses that are permitted in single family areas. Said subdivision further states that these provisions do not apply to facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. Subdivision 7 states that the following shall be considered permitted single- family use: • A state licensed residential facility or a housing with services establishment registered under chapter 114D serving six (6) or fewer persons. • A licensed day care facility serving twelve (12) or fewer persons. • A group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve fourteen (14) or fewer children. Subdivision 8 states the following shall be considered permitted multifamily uses: • A state licensed residential facility serving from seven (7) through sixteen (16) persons. • A licensed day care facility serving from thirteen (13) through sixteen (16) persons. Subdivision 8 further states that the City may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. It appears that this provisions applies specifically to multifamily uses. A common complaint Staff receives on these uses is a lack of advance notification, even though a license is being issued. Under recent amendments, Anoka County now provides some advance notification of a license about to be issued. Priot to that, the City was always notified once a license was issued. However, the City does not have a policy or ordinance that provides for direct notification to adjacent properties, nor a funding mechanism to provide said notification at this time. Furthermore, the City does not require a City- issued license for these uses.