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 Comply with setback requirements for principal structures and have “exterior <br />materials that are compatible in composition, appearance, and durability to the <br />exterior materials uses in standard residential construction”. <br /> Meeting minimum energy rating (R-15). <br /> The dwelling is limited to one occupant and only one temporary dwelling is <br />allowed on a lot. <br /> The dwelling must have septic service and the applicant must show proof of <br />septic service management. <br /> <br />Under the law, cities must issue the permit within 15 days. The statute provides for an <br />initial permit fee of $100 and up to $50 for a renewal. A copy of the law is attached. <br /> <br />Opt-Out Clause <br />The law does provide ability for communities to opt-out if it is determined the expedited <br />land use permit is not well-suited to their community. Communities who choose to opt- <br />out must adopt an ordinance by September 1, 2016. Communities can opt-out after <br />September 1st, however any request made under the law from September 1st to the <br />community opt-out date would be grandfathered in. <br /> <br />What Are Others Doing? <br />Staff has learned that most metro area communities are choosing to opt-out. Attached is <br />a spreadsheet compiled by the Minnesota City Managers Association querying 33 cities <br />or counties, with all except one (Osseo) opting out or leaning towards opting out. <br /> <br />Additionally, staff attended the Metro Cities Housing & Economic Development policy <br />committee meeting on Friday, July 15th where this topic was discussed (amongst others). <br />The general sentiment was that even if the community wanted to allow these types of <br />temporary dwellings, they were still choosing to opt-out so the local community could <br />draft an ordinance that made sense for the individual community’s concerns. The <br />communities present at that meeting and expressing intent to opt-out included <br />Minnetonka, Woodbury, St. Paul, Elko/New Market, Coon Rapids, Bloomington, and <br />Burnsville. <br /> <br />The City Attorney has also indicated most of Kennedy & Graven’s municipal clients <br />intend to opt-out as well. The City Attorney will attend the work session to help address <br />questions. <br /> <br />Why Opt-Out? <br />The general concerns expressed by communities choosing to opt-out include: <br /> General objection to the state circumventing local zoning control. <br /> Only having 15 days to verify all the permit requirements are met. If the <br />community doesn’t act in 15 days, the permit is automatically issued. <br /> Concern over the aesthetics and placement of the units. The state is regulating <br />these units as recreational vehicles but the law says they must have exterior <br />materials that are compatible to materials used in residential construction. Staff <br />finds these requirements to be incompatible with one another. <br /> Complex application requirements, including verification of: <br />o The relationship of the temporary dwelling occupant to the primary <br />caregiver or relative;