07-14-2016 Planning Commission Packet

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MEMORANDUM TO: Little Canada Mayor and City Council Little Canada Planning Commission FROM: Stephen Grittman RE: Zoning – Temporary Family Health Care Facilities DATE: July 8, 2016 FILE NO: 758.10 Background. This spring, the Legislature passed, and the Governor signed, a law purporting to require municipalities to allow “Temporary Family Health Care Dwellings” under MN Stat Section 462.3593. The new law defines these dwellings, requires their accommodation, but includes an “opt-out” provision that permits the municipality to exempt themselves from the provisions. Intent of the new law. The statute itself was, according to articles in local newpapers, developed and put forward by a New Brighton firm that builds these units, called “Next Door Housing”. One such article can be found at http://www.startribune.com/tiny-trailer-homes- offer-a-solution-for-families-in-need/381847531/ for reference. The statute includes an exemption for any municipality which already has an ordinance that allows temporary health care dwellings as a permitted use, the statute applies. The statute is also specific about applying in cases where a municipality has ordinances that would otherwise prohibit the use through a reference to its accessory use provisions or recreational vehicle regulations. Components of the Statute. The new law includes the following aspects: • Definitions of caregiver, person needing care, and “relative” providing care; • Specifies that the subject of the statute is a “mobile” residential dwelling; • Specifies that the unit must be built off-site;