Agenda - Council - 04/27/1982 - Laserfiche WebLink

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:'1 I I I I I I I -2- from all areas not designated as mobile home parks had no reasonable basis under the police power and was therefore unconstitutional. The.Court stated, however, that a mobile home could be excluded if it failed to satisfy reasonable standards designed to assure favorable comparisons with permitted site built housing. Thus, regulation by design standards applicable to both site built and manufactured housing seems to be the preferred approach. It can be argued, however, that under the city's authority to regulate by class of building (M.S. 462.357, Subd. 1) it can establish some residential districts which permit manufactured homes and some which do not. The fact that manufactured homes are subject to a different building code than site built homes would seem to be a recognition that they are, in fact, a different class of building. It can also be argued that the intent of the legislature in passing the new law was to prohibit only the total exclusion of manufactured homes from a city. Line 24 of the bill originally read, "No regulation or single family zoninQ ordinance may prohibit ... manufactured homes built in conformance with sections 327o31, Subd. 6, or any other single family dwellin§s that com_~_m_p_!~with all other zoning ordinances promulgated pursuant to this section." It would seem that if the legislature intended to prohibit the exclusion of manufactured homes from all single family districts it · would have passed the bill as originally written instead of passing the amended version which deleted the phrase"Single family zoning ordinance". Therefore, if the city were to establish some district permitting manufactured homes within the city, iit would seem to be in compliance with the intent of the law. Again these'changes in the Municipal Planning Act do not become effective until August 1, 1982. Because the application of the law is unclear we will pass along I further information as it becomes available. If have further questions please you call Cathy Quiggle at the League office. Through April 23rd our phone number will be (612) 222-2861; thereafter, it will be (612) 227-5600. IDA:CQ:rmm Attach.