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

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5.06: PUBLIC HEARING: Consider Ordinance #16-17 Opting Out of Temporary Family Health Care Dwelling Statute (Project No. 16-67) Presentation Community Development Director Gladhill presented the staff report stating 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 Gov. 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, shoreland, setback, and easement 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. Staff recommended that the City opt out of the current bill and adopt a separate ordinance establishing its own process for these situations, as allowed by the Statute. Staff does not object to the concept nor the need for temporary housing in these situations. However, the City would be able to utilize existing tools to address this situation, most notably an Interim Use Permit (IUP). Staff would be open to setting up a process that is a bit more streamlined than the IUP process. The development pattern of Ramsey is diverse in terms of housing stock and lot size. Staff feels it would be difficult to apply the current Statute in a one size fits all fashion across Ramsey. Staff Excerpt from Planning Commission/July 21, 2016 Page 1 of 2