06-08-2016 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Joel Hanson, City Administrator DATE: June 3, 2016 RE: Temporary Family Healthcare Dwellings Opt-Out Ordinance The City Planner made staff aware of a recently enacted law that deals with “Temporary Family Health Care Dwellings. You can read Mr. Grittman’s summary information below. We have discussed this situation with the City Attorney and we feel we should “opt out” of this requirement given the potential negative impact allowing temporary structures in our neighborhoods could have in terms of violating existing ordinance, provisions for utility connections, Furthermore, the administration of this provision seems problematic. Attached is a draft ordinance opting out of this statutory requirement. The City Attorney will be at Wednesday’s meeting to discuss this further. It may be advisable to refer it to the Planning Commission for comment before adopting the resolution. From Steve Grittman: The legislature has waded into a new area, and adopted the following regulation requiring cities to accommodate these “Temporary Family Health Care Dwellings, which look suspiciously like (given the language of the statute) a specific pre-manufactured dwelling that some company got their legislator to create a law around – not a site-built or custom-designed facility. The City is going to have to do one of two things with this: Adopt separate regulations allowing “TEMPORARY” accessory dwellings, or consider the opt-out provision by ordinance. It is not clear from the language what the threshold standard might be to opt out, since most of the rest of the language seems to be mandatory. It’s a weird statute. The new law applies to cities that do not already permit Temporary Health Care Dwellings as permitted uses. Little Canada does not currently allow temporary dwellings such as this, so it looks like the City is going to have to do something with this new law. We have discussed accessory apartments in the past, but the statute distinctly deals with temporary dwellings, so that aspect would not have had an impact. The Temporary Family Health Care Dwelling legislation was signed by the governor and will take effect on 9/1/16. Action will have to be taken by that date.