07-24-2013 Council Agenda - Laserfiche WebLink

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To address this situation, the City called for hearing on to consider the possibility of amendment either or both the definition and the uses allowed in the Single Family (R -1) zoning district. The current regulations are cited below: Dwelling Unit: A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers. An individual dwelling unit shall have sleeping, sanitation, and cooking facilities that are shared in common by the family (as defined by this Ordinance) occupying the dwelling unit. Where other sleeping, sanitation, and cooking facilities are accessible from a portion of the dwelling unit that has its own entrance to the outdoors or to a common interior vestibule or hallway, such separate facilities shall constitute a separate dwelling unit. Family. A person living alone or any of the following groups, provided that the members of the group live together as a single housekeeping unit and do not exceed the maximum occupancy limits under chapter 4 of the city code: a. An individual plus one (1) or more persons related by blood, marriage, adoption, guardianship or other duly- authorized custodial relationship, including foster children and bona fide domestic servants employed on a full -time basis by the family in the dwelling unit; or b. Two unrelated people and any children related to either of them; or c. One (1) or more persons occupying a premises, subject to a limit of not more than three (3) unrelated persons eighteen (18) years of age or older. The definition of family is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise, disturbance and traffic congestion and shall not be applied so as to prevent the city from making reasonable accommodation where the City determines it necessary under applicable federal fair housing laws. d. Group residential facilities when property licensed by the Minnesota Department of Human Services or the Minnesota Department of Corrections under MN Stat. 245A.11 and 241.021. Accessory Use in the R -1 Zoning District: G. Boarding or renting of rooms to not more than two (2) persons, and subject to the definition of "family" in Section 902.010 of this Ordinance. The definition of family was developed by the City Attorney's office with the past few years. To address the zoning challenges, staff would recommend that the Accessory Use provisions be amended to address the issues raises by occupants of property that are not maintaining common housekeeping. A recommended amendment would read as follows: G. Boarding or renting of rooms to not more than two (2) persons, and subject to the definition of "family" in Section 902.010 of this Ordinance, provided that: 1. The property owner maintains a rental license with the City; 2. The occupants of the dwelling unit maintain a common household as a single family dwelling; 3