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PLANNING REPORT <br /> <br />DATE: August 10, 2016 <br />CASE: ZA2016-003 <br />SUBJECT: Ordinance Opting Out of Subdivision 9 of Minnesota Statues, Section <br />462.3593 Permitting Temporary Health Care Dwellings <br />APPLICANT: City of New Brighton <br /> <br />REQUEST <br />The City of New Brighton is requesting consideration of Ordinance No. 845 opting out of <br />Subdivision 9 of Minnesota Statutes Section 462.3593, which permits temporary family health <br />care dwellings. This request is unique in the sense that the ordinance will not alter the City’s <br />Zoning Code; rather it will document the City’s legislative right to opt out of a law established <br />by Subdivision 9 of Minnesota Statues Section 462.3593, signed into law on May 12, 2016. <br />Because this law is deemed a zoning matter, the City Attorney’s office is recommending the City <br />follow the normal zoning procedures for approval, including holding a public hearing at the <br />Planning Commission following proper notice in the official City newspaper. <br /> <br />This issue was presented to the City Council during a work session on July 26th. The City <br />Council directed staff to process the opt-out ordinance via the Planning Commission. <br />Additionally, Council’s direction included the Commission studying an alternative permit that <br />would accommodate a temporary health care dwelling use. This direction included examining <br />what additional conditions (other than those written into State law) would need to be included so <br />as to protect local zoning concerns. <br /> <br />This request is only for the Commission to hold a hearing and make a recommendation on the <br />opt-out ordinance. This City Council will consider this item on August 23rd. The new law goes <br />into effect on September 1st. <br /> <br />BACKGROUND <br />The purpose of Minnesota Statues, Section 462.3593, Subdivision 9 is to provide transitional <br />housing for seniors who can’t afford (or choose not) to recover in traditional transitional housing, <br />such as a nursing home. The law defines eligible persons as anyone who needs assistance with <br />two or more “instrumental activity of daily life” for mental or physical reasons. While its <br />purpose is to provide housing options for seniors, the law does not include age as a criterion. <br /> <br />Under the law, a relative or caregiver of an eligible person would be able to place a temporary <br />dwelling, not to exceed 300 SF and not to be affixed to a permanent foundation, on an existing <br />property for a duration of six months for the eligible person to live in while recuperating from a <br />medical condition. There are numerous standards, including setbacks, handicap accessibility, <br />utilities, and aesthetics requirements under the law. The law states cities must issue the permit <br />within 15 days and caps the permit fee at $100 on an initial request and $50 on a renewal (one <br />six month extension is permitted under the law). <br /> <br />This issue was debated at the State legislature and was pursued by a local company (Next Door <br />Housing) who manufactures a temporary housing unit intended to be used as a health care <br />dwelling. A unit is currently stored in the parking lot of the office building at 2722 I-694 Service <br />Drive (behind New Brighton Ford), should commissioner’s wish to take a look. The League of <br />Minnesota Cities lobbied on behalf of cities that zoning controls for this use should be handled at