07-14-2016 Planning Commission Packet

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2 • Specifies that the unit is no more than 300 square feet, and has no permanent foundation; • That the unit is “universally” designed and meets accessibility standards; • That the unit access plumbing and electrical through the principal home, or “other comparable means”. This can often mean holding tanks or methods used by recreational vehicles. • That the unit uses exterior materials compatible to “standard residential construction” and has an energy rating of R-15; • Is sized to be movable with a one-ton pickup truck; • Provides that such units will be permitted uses; • Provides for an application and permitting process, including notice to “adjacent” property owners; • Provides that the unit must meet setbacks and floor area ratio requirements; • Provides that the unit is occupied by only one person; • Provides for one six-month permit term, and one additional six-month term; • Provides for municipal inspection and a revocation process; • Provides for a maximum $100 fee for the initial permit, and $50 fee for the additional term extension; • Incorporates MN Stat Section 15.99 for permit review. • Provides for the opt-out ordinance as noted below. Opt-out provision. The new statute, as a part of MN Stat 462 is incorporated into the municipal planning and zoning regulations, and will become effective on September 1, 2016. The municipality will have to opt out of the regulation prior to that date to avoid its effect. Because this appears to be a zoning regulation, any opt-out will need to be processed as an amendment to the zoning ordinance, requiring the typical hearing and ordinance adoption. The only opt-out is an explicit opt-out. The League of Minnesota Cities has drafted a model opt-out ordinance, which is attached to this report for use in your client communities if desired. Accessory dwelling units generally. The issue of accessory dwelling units for the purpose of providing living space for family members needing care has been widely discussed. The context for most of these discussions has been for attached units that constitute some form of second dwelling on single family parcels. There are various arguments, pro and con, for these units. Issues under the new law. Apart from the issues raised by accessory dwellings, the Temporary Family Health Care Dwelling addresses a separate aspect of this issue – mobile, detached “trailer” units that are hauled to the subject residential property, installed with connections to the electrical and plumbing services from the main house, and then detached and removed, theoretically, when their use is no longer needed. Information on the company that promoted the statute, and builds the units, can be found at the website of the Next Door Housing business cited above for more detail on the units themselves. That site is at www.nextdoorhousing.com.