2017.01.17 Planning - Laserfiche WebLink

Home Browse Search

Community Assets & Development Department MEMORANDUM DATE: January 13, 2017 TO: Planning Commission FROM: Janice Gundlach, Asst. Director of Community Assets & Development/Planning Director SUBJECT: Temporary Family Health Care Dwellings – Draft License Ordinance Per the Council’s direction, the Commission has been evaluating the temporary family health care dwelling legislation the state adopted in May of 2016, which went into effect on September 1, 2016. More specifically, the Council directed the Commission to develop local regulations that permit temporary family health care dwellings but more appropriately regulate them with regard to quality of life and nuisance control. To date, the Commission has completed the following: • Held a public hearing with regard to opting out of the State legislation per Minnesota Statutes, Section 462.3593. • Held a work session to discuss the strengths and weaknesses of the State legislation with regard to quality of life and nuisance control locally. • Held a second work session to hear from Next Door Housing, a vendor developing temporary family health care dwellings who also championed the State legislation. Following the Commission’s second work session in November, staff was directed to develop a local license that mirrored the State legislation but also addressed local concerns. Staff has prepared that draft ordinance for the Commission’s review and comment (see attached). Staff offers the following with regard to the draft Ordinance establishing a license for temporary family health care dwellings: • Staff discussed with the City Attorney the idea that licenses would only be eligible to vendors renting temporary family health care dwellings. This idea developed out of concern with someone owning a temporary family health care dwelling and not removing it in accordance with the “temporary” definition, thus becoming a nuisance. The City Attorney has advised the City not include this provision as it would create an equal protection issue. Therefore, the draft ordinance does not include restrictions regarding renting vs. owning a temporary family health care dwelling. • Beyond regulations from the State Statute, staff included the following: o A height limitation of 15’. o Additional aesthetic requirements that include compatibility with exterior materials on the principal structure on the property. o Limiting the number of occupants in the temporary dwelling to one. o Requiring submission of proof of general liability insurance covering the temporary dwelling. o A requirement that two years separate multiple licenses on the same address.