ADMINISTRATION - Bryan K. Schafer, Planning and Community Development Director
Title
SECOND READING
AMENDING ARTICLE VIII. - RESIDENTIAL MAINTENANCE CODE, DIVISION 1. SEC. 18-305 OF THE BLAINE CODE OF ORDINANCES OF THE CITY OF BLAINE REGARDING TEMPORARY FAMILY HEALTH CARE DWELLINGS
Schedule of Actions
|
City Council (First Reading) |
07/14/16 |
|
City Council (Second Reading) |
08/04/16 |
Background
A bill creating a new process for local governments to permit certain types of recreational vehicles as temporary family dwellings was signed into law this past May (2016).
Purpose of the law
The primary motivation behind the new law is to provide transitional housing for seniors. For example, if a family wanted to keep a close eye on a relative while they recuperate from surgery, they could set-up a recreational vehicle, trailer, park model or other mobile housing in the front yard or driveway. The vehicle/trailer could be lived in for 6 months to a year. The City would have to allow the use and issue a permit for occupancy.
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.
Local governments have been given the option to 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, the law will require the city to issue permits to qualified applicants starting on Sept. 1, 2016. A permit can be denied for appropriate cause. The law lists the information required and the requirements that may be considered in that decision.
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 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.
Recommendation
If the City Council wishes to “opt-out” the Council should by motion, approve the Ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
City Code, Chapter 18. BUILDINGS AND BUILDING REGULATIONS
Article VIII. - RESIDENTIAL MAINTENANCE CODE, is amended as follows:
Section. 18-305. - Temporary Family Health Care Dwellings
Opt-Out of Minnesota Statutes, Section 462.3593: Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Blaine opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings.
Section. 18-30[5]6 -18-320. - Reserved.
INTRODUCED AND READ in full the 14th day of July, 2016.
PASSED by the City Council of the City of Blaine this 4th day of August, 2016.