Introduce Ordinance #16-07 Opting Out of Temporary Family Health Care Dwelling Statute (Project No. 16-67)

A bill creating a new process for local governments to permit landowners to place mobile residential dwellings on their property to serve as a temporary family dwelling, was signed into law by Governor Dayton on May 12. The main stated motivation behind the new law is to provide transitional housing for seniors. The law has a broader effect than that, however, with anyone who needs assistance with two or more “instrumental activities of daily life” for mental or physical reasons eligible to be housed in this manner.

The final act has the following key components:

• Creates a new type of permit referred to as a temporary dwelling permit that has a six-month duration, with an option to extend the permit for six months.
• Requires that the permit be for a property where the caregiver or relative resides.
• Allows modular and manufactured housing (instead of just recreational vehicles) to use this permit process as long as the unit meets all of the listed criteria.
• Lists the criteria for the structure and the information required in the permit application.
• Addresses sewer safety issues with required backflow valves and advance verification of septic service contracts.
• Requires the inclusion of site maps showing where the unit will be placed and notification of adjacent neighbors prior to application.
• Requires applications to specify the individual authorized to live in the unit.
• Applies the permit approval process found in Minnesota Statutes, section 15.99, but allows the local government unit only 15 days to make a decision on granting the permit (no extension). It waives the public hearing requirement and allows the clock to be restarted if an application is deemed incomplete, as long as the applicant is notified of how the application is incomplete within five days. A 30-day decision is allowed if the regular council meeting occurs only once a month.
• Requires unit placement to meet existing stormwater, shoreland, setback, and easement requirements. A permit exempts the units only from accessory unit ordinances and recreational vehicle parking and storage ordinances.
• Sets a default permit fee level that may be replaced by a local ordinance.
• Allows cities to pass an ordinance opting out of using this new permitting system.

City Staff published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

Local governments may opt out of this program if they determine that this type of expedited land use permitting for temporary dwellings is not well-suited to their community. Unless a city chooses not to participate in this program by passing an ordinance specifically opting out (ordinance attached), the law will require the city to issue permits to qualified applicants starting on Sept. 1, 2016.

Alternative #1: Approve ordinance opting out of the permitting program for temporary family health care dwellings. This option will ensure that the City will not be required to allow this type of land use through a permitting process as of September 1, 2016. 

Alternative #2: Approve a modified version of ordinance. This option would be based on the discussion held by the Council. NOTE: the City may not adopt only portions of the Statute. If the City wants to adopt a policy different than the Statute, it must first opt-out and adopt a separate Ordinance.

Alternative #3: Do not approve the ordinance. This option would require Staff to establish a permitting program for temporary family health care dwellings in advance of September 1, 2016, effectively allowing this land use.

This item is being handled as part of Staff's regular duties.

Staff recommends that the City opt out of the current bill and adopt a separate ordinance establishing its own process for these situations, as allowed by the Statute. Staff does not object to the concept nor the need for temporary housing in these situations. However, the City would be able to utilize existing tools to address this situation, most notably an Interim Use Permit (IUP). Staff would be open to setting up a process that is a bit more streamlined than the IUP process. The development pattern of Ramsey is diverse in terms of housing stock and lot size. Staff feels it would be difficult to apply the current Statute in a one size fits all fashion across Ramsey. Staff would like more time to establish standards unique to Ramsey, maintain local control over land use decisions, and ensure that proper public safety and building standards are maintained. Many other communities are choosing to opt out.

The Planning Commission has recommended the same.

Motion to introduce Ordinance #16-07 opting out of the permitting program allowing temporary family health care dwellings in residential areas and direct Staff to prepare a separate ordinance establishing a process for temporary housing.