ITEM 3.9 Temporary DwellingsRequest for
TY OF06ezo City Council Action
MINNESOTA
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Planning City Planner Licht 25 July 2016
PRESENTER(s): REVIEWED BY: ITEM #:
Consent Agenda City Administrator Johnson 3.9 —Temporary Dwellings
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends adoption of an ordinance amending the Zoning Ordinance to opt -out of allowing
temporary family health care dwellings as provided by Minnesota Statutes
ARE YOU SEEKING APPROVAL OF A CONTRACT?
W
BAC KG R O U N DM U ST I F I CATION :
IS A PUBLIC HEARING REQUIRED?
Held by Planning Commission 1 August 2016.
During the recent legislative session, a law was enacted amending Minnesota Statutes 462 (Municipal
Planning) to provide allowance for temporary family health care dwellings under zoning ordinances
adopted by local units of government. As the title implies, these dwellings are temporary portable
housing units accessory to a principal dwelling to assist families in providing medical treatment,
rehabilitation, and/or end of lie care outside of traditional medical facilities.
Allowance of such uses would be consistent with the goals of the Comprehensive Plan to provide
housing options for persons of all needs, including those addressed by the Statute requiring specialized
housing and care related to medical issues. However, allowance of temporary family health care
dwellings must also be considered within the context of the performance standards outlined by
Minnesota statutes 462.3593 and other requirements the City might impose as to whether such uses
will be compatible with surrounding land uses and are adequately served by infrastructure to protect
public health safety and welfare intended to maintain high quality residential neighborhoods. City staff
does not believe that the performance standards established by Minnesota Statutes 462.3593 provides
adequate means to ensure adequate sewer service. The performance standards also do not address
provision of a security as part of a temporary family health care dwelling permit to ensure removal of
the unit after the expiration of the allowed term of use.
Minnesota Statutes 462.3593, Subd. 9 provides an opt out clause to the allowance of temporary family
health care dwellings. The opt out provision is enacted by amending the Zoning Ordinance. City staff
recommends that the City opt out of allowing temporary health care dwellings for the reasons outlined
herein. The City Council Administrative Subcommittee discussed temporary health care dwellings at
their meeting on 13 July 2015 and concurred with the recommendation of City staff. The Planning
Commission discussed allowance of temporary family health care dwellings at their meeting on 18 July
2016 and passed a motion to call for a public hearing to be held to consider amendment of the Zoning
Ordinance to opt out of allowing temporary health care dwellings within the City. The public hearing
was held on 1 August 2016. There were no public comments and no additional discussion by the
Planning Commission. The Planning Commission closed the public hearing and voted 7-0 to recommend
approval of the amendment.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Ordinance 2016-10
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Ordinance 2016-10 to opt of allowing temporary family health care dwellings pursuant
to Minnesota Statutes 462,3593, Subd. 9.
BUDGET INFORMATION
FUNDING: I BUDGETED: ❑ YES
NA I o No
ORDINANCE NO.: 2016-10
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO OPT OUT OF
ALLOWING TEMPORARY FAMILY HEALTH CARE DWELLINGS PURSUANT TO
MINNESOTA STATUTES 462.3593, SUBD. 9.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-16-2 of the Zoning Ordinance (Dwelling Unit Restriction)
is hereby amended to add the following provision:
F. The City opts -out of the requirements of Minnesota Statute
§462 3593, which defines and regulates Temporary Family Health
Care Dwellings, pursuant to authority granted bV Minnesota
Statutes Section 462.3593, Subdivision 9.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
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ALL IN FAVOR:
THOSE OPPOSED:
2016.
ADOPTED by the City Council of the City of Otsego this 8t" day of August,
1
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk