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o What the actual mental or physical disability is of the occupant is; <br />o Verifying the occupant’s need for help on two or more instrumental <br />activities of daily living; <br />o Ensuring the unit is removed once the permit expires, or at the very least, <br />the occupant vacates the unit; and <br />o Public safety of the occupant (police and fire protection). The law says <br />“the municipality may inspect the temporary family health care dwelling <br />at reasonable times convenient to the caregiver”. <br /> <br />Options <br />Staff offers the following options on how to move forward: <br />1) Do nothing and allow the law to go into effect on September 1, 2016. It is <br />unknown how many permit requests we’d receive but suspect it would be few, at <br />least initially. <br />2) Proceed towards opting out. While the Legislature was not clear about the <br />process for adopting such an ordinance, it is the City Attorney’s recommendation <br />that this ordinance be treated by the City as an amendment to its zoning <br />regulations. This would mean that a public hearing would be required upon at <br />least 10 days’ published notice. Additionally, the matter should be referred to the <br />Planning Commission. At Council’s direction, staff would prepare the opt-out <br />ordinance and schedule for it for a public hearing before the Planning <br />Commission and Council adoption prior to September 1st. <br />3) Adopt an ordinance opting out, and then proceed with local legislation that would <br />allow a similar use but be regulated by an interim use permit or license under the <br />City Code. <br />4) Refer to the City’s Planning Commission for study and recommendation. It <br />should be noted it is unlikely the study and recommendation could occur before <br />September 1st. <br /> <br />Attachments <br /> Minnesota Statutes Section 462.3593 <br /> LMC Law Summary <br /> Sample Opt-Out Ordinance <br /> MCMA Inquiry Spreadsheet as of 7-8-2016 <br /> <br />