Agenda - Council - 08/08/2016 - Laserfiche WebLink

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CC Regular Session 7.2. Meeting Date: 08/08/2016 Submitted For: Tim Gladhill,Community Development By: Lucinda Meyers, Community Development Information Title: Introduce Ordinance#16-07 Opting Out of Temporary Family Health Care Dwelling Statute (Project No. 16-67) Purpose/Background: A bill creating a new process for local governments to permit landowners to place mobile residential dwellings on their property to serve as a temporary family dwelling,was signed into law by Governor Dayton on May 12. The main stated motivation behind the new law is to provide transitional housing for seniors. The law has a broader effect than that,however,with anyone who needs assistance with two or more"instrumental activities of daily life" for mental or physical reasons eligible to be housed in this manner. The final act has the following key components: •Creates a new type of permit referred to as a temporary dwelling permit that has a six-month duration,with an option to extend the permit for six months. •Requires that the permit be for a property where the caregiver or relative resides. •Allows modular and manufactured housing(instead of just recreational vehicles)to use this permit process as long as the unit meets all of the listed criteria. •Lists the criteria for the structure and the information required in the permit application. •Addresses sewer safety issues with required backflow valves and advance verification of septic service contracts. •Requires the inclusion of site maps showing where the unit will be placed and notification of adjacent neighbors prior to application. •Requires applications to specify the individual authorized to live in the unit. •Applies the permit approval process found in Minnesota Statutes, section 15.99,but allows the local government unit only 15 days to make a decision on granting the permit(no extension). It waives the public hearing requirement and allows the clock to be restarted if an application is deemed incomplete, as long as the applicant is notified of how the application is incomplete within five days. A 30-day decision is allowed if the regular council meeting occurs only once a month. •Requires unit placement to meet existing stormwater, shorcland, setback, and casement requirements. A permit exempts the units only from accessory unit ordinances and recreational vehicle parking and storage ordinances. • Sets a default permit fee level that may be replaced by a local ordinance. •Allows cities to pass an ordinance opting out of using this new permitting system. Notification: City Staff published a notice of public hearing in the Anoka Union Herald,the City's official newspaper. Observations/Alternatives: Local governments may opt out of this program if they determine that this type of expedited land use permitting for temporary dwellings is not well-suited to their community. Unless a city chooses not to participate in this program by passing an ordinance specifically opting out(ordinance attached),the law will require the city to issue permits to qualified applicants starting on Sept. 1, 2016. Alternative 91: Approve ordinance opting out of the permitting program for temporary family health care