ITEM 3.8 Rental Housing CodePRequest for
Ot�CITY OF
ezoCity Council Action
MINNESOTA V
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Planning City Planner Licht 28 April 2014
PRESENTER(s): REVIEWED BY: ITEM #:
Consent Agenda City Administrator Johnson 3.8 —Rental Housing Code
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an ordinance amending the City Code to provide an exemption from
the maximum occupancy limits within a rental housing unit for a single family.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No. No.
BACKGROUND/JUSTIFICATION:
The City adopted regulations for rental housing on 12 February 2007 for the purpose of ensuring that
rental housing within the City are occupied and maintained in a manner consistent with the Zoning
Ordinance, does not create compatibility issues with surrounding properties and does not create a
hazard to public health, safety and welfare.
Section 7-11-7 of the City Code establishes maximum occupancy limits for rental housing units of two
people per bedroom. The intent of this provision is to prevent overcrowding within a rental dwelling
unit by unrelated people that would be in conflict with the regulation of a dwelling unit under the
Zoning Ordinance. The Zoning Ordinance regulates occupancy of dwelling unit and residential buildings
based on the definition of family which includes 1) people related blood, marriage or adoption, or 2) a
group of not more than three persons unrelated by blood, marriage or adoption. The definition of
family and dwelling unit within the Zoning Ordinance provides for a limitation on the intensity of use
that would be expected by a residential property. The provisions of Section 7-11-7 of the City Code are
intending to maintain the same limitation on the intensity of use of a residential property when the
dwelling is renter occupied.
City staff was contacted on 22 April 2014 by an individual seeking rental housing for himself, his spouse
and their 10 children. Under the current language of Section 7-11-7 of the City Code, a rental dwelling
would need to have six bedrooms in order for them to comply with the occupancy limitations of the City
Code. It was not the intent of the provisions in Section 7-11-7 of the City Code to exclude or limit
occupancy by a single family. As such, City staff has drafted an amendment to Section 7-11-7 to provide
an exemption from the occupancy limits for rental dwellings.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Draft Ordinance 2014-09
B. Ordinance 2014-09
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve Ordinance 2014-09 amending the City Code related to occupancy of a rental
dwelling by a single family.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA ❑ NO
4CTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
ORDINANCE NO.: 2014-09
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE RELATED TO OCCUPANCY OF A
RENTAL DWELLING BY A SINGLE FAMILY.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 7-11-7 of the City Code is hereby amended to read as
follows:
7-11-7: MAXIMUM DENSITY: No person shall occupy nor permit or let to be
occupied any rental dwelling unit for the purpose of living therein, which does not
comply with the following requirements.
A. With the exception of ownerstenants occupying a respective dwelling unit prior to
February 12, 2007, the maximum permissible occupancy of any dwelling unit
shall be determined as follows:
Al. For the first occupant, one hundred fifty (150) square feet of habitable
room floor space and for every additional occupant thereof, at least one
hundred (100) square feet of habitable room floor space.
-132. In no event shall the total number of occupants exceed two (2) times the
number of habitable bedrooms, less kitchen, in the dwelling unit.
B Occupancy of a rental dwelling unit by a single family as defined by Section 20-2-
2 of the City Code shall be exempt from the provisions of Section 7-11-7.A of this
Section.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
1
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 28th day of April,
2014.
ATTEST:
Tami Loff, City Clerk
2
CITY OF OTSEGO
I0-ya
Jessica L. Stockamp, Mayor
ORDINANCE NO.: 2014-09
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE RELATED TO OCCUPANCY OF A
RENTAL DWELLING BY A SINGLE FAMILY.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 7-11-7 of the City Code is hereby amended to read as
follows:
7-11-7: MAXIMUM DENSITY: No person shall occupy nor permit or let to be
occupied any rental dwelling unit for the purpose of living therein, which does not
comply with the following requirements.
A. With the exception of tenants occupying a respective dwelling unit prior to
February 12, 2007, the maximum permissible occupancy of any dwelling unit
shall be determined as follows:
1. For the first occupant, one hundred fifty (150) square feet of habitable
room floor space and for every additional occupant thereof, at least one
hundred (100) square feet of habitable room floor space.
2. In no event shall the total number of occupants exceed two (2) times the
number of habitable bedrooms, less kitchen, in the dwelling unit.
B Occupancy of a rental dwelling unit by a single family as defined by Section 20-2-
2 of the City Code shall be exempt from the provisions of Section 7-11-7.A of this
Section.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
1
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 28th day of April,
2014.
ATTEST:
Tami Loff, City Clerk
2
CITY OF OTSEGO
Jessica L. Stockamp, Mayor