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<br /> <br />1 <br /> <br />PLANNING COMMISSION PROCEEDINGS <br /> <br />Worksession Meeting – September 20, 2016 8:20 p.m. <br /> <br />Present: Chairperson Erin Nichols-Matkaiti, Commissioners Steve Danger, Marvin Deick, Jeanne Frischman, <br />Dania Miwa, Melissa Murphy, and Verne McPherson <br /> <br />Absent: None <br /> <br />Also Present: Janice Gundlach- Assistant Director of Community Assets & Development/Planning Director, <br />and Paul Jacobsen-Councilmember <br /> <br />Temporary Family Health Care Dwellings: <br /> <br />Planning Director Janice Gundlach reported on August 23, 2016, the City Council adopted Ordinance No. 845, <br />opting out of the Temporary Family Health Care Dwelling legislation in Minnesota Statues, Section 462.3593 <br />that the Governor signed into law on May 1, 2016 and which became effective on September 1, 2016. This item <br />appeared before the Planning Commission for a public hearing on August 16, 2016, where no public testimony <br />was given. The City Council, prior to directing the Commission to hold a public hearing on the opt-out <br />ordinance, noted a desire to enact local regulations that include requirements that address local concerns. The <br />City Council also understood the need to provide for an expedited permit. But, the Council also discussed the <br />value local zoning regulations have on the community’s quality of life and how to prevent nuisances from <br />occurring. Thus, the Council directed the Planning Commission to discuss this topic and provide for local <br />permitting that addresses local concerns. The Council noted the local regulations shall: <br /> <br />• Meet the needs of users of Temporary Family Health Care Dwellings, <br />• Address quality of life issues that are inherent to typical zoning regulations, and <br />• Prevent nuisances to the greatest practical extent. <br /> <br />Planning Director Gundlach understood the standards enacted by the State are a very good starting point, and <br />would envision local regulations to include these standards, as well as additional standards to ensure quality of <br />life and nuisance control. Staff offers the following additional topics for consideration and discussion: <br /> <br />• How to confirm the occupant meets minimum standards in terms of being mentally or physically <br />impaired and is a relative or caregiver to the property owner of which the temporary dwelling is <br />located. Staff is seeking direction from the City Attorney on what we can legally ask for and if a <br />doctor’s note is a reasonable ask to ensure conformance with this requirement. <br />• How to ensure sewage is properly managed. The state law states that “an executed contract for septic <br />service management or other proof of adequate septic service management” is a requirement of the <br />application. Is submission of a signed contract for service adequate? Do we need to dictate how <br />often service is provided, weekly, bi-weekly, monthly, etc.? <br />• The state law requires the applicant provide notice to adjacent property owners. The Commission <br />may want to consider a local requirement that not only requires notification of the temporary family <br />health care dwelling to surrounding property owners, but also approval or acceptance. <br />• It should be clarified that temporary family health care dwellings would only be allowed on <br />properties with R-1 and R-1A zoning (single family residential). <br />• What mechanisms would be put in place to ensure water connections do not freeze?