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1 <br /> <br />CITY COUNCIL <br />AGENDA ITEM 6C <br /> <br /> <br />STAFF ORIGINATOR: Katie Larsen, City Planner <br /> <br />MEETING DATE: September 12, 2016 <br /> <br />TOPIC: Consider 2nd Reading of Ordinance No. 09-16, Amending City <br />Code Section 1007 by adding Section 1007.056 Opting-Out of <br />the Requirements of Minnesota Statutes, Section 462.3593 <br /> <br /> *Council may vote to dispense with full reading of ordinance <br /> * Roll call vote is required for adoption of the ordinance <br /> <br />VOTE REQUIRED: 3/5 <br /> <br />INTRODUCTION <br /> <br />Staff is requesting City Council consideration to add Section 1007.056 Opting-Out of MN <br />Statute requirements for “temporary family health care dwellings”. <br /> <br />BACKGROUND <br /> <br />In May, Minnesota Statutes, Section 462.3593 was signed into law allowing a “mentally or <br />physically impaired person” to say in a “temporary dwelling” on a relative’s or caregiver’s <br />property with certain requirements as to allowed structures and caregiver status. The reason <br />behind the law was to create a process for landowners to place mobile residential dwellings on <br />their property to serve as temporary family health care dwellings. Under Subdivision 9 of <br />Minnesota Statutes, Section 462.3593, cities are specifically allowed to ‘opt out’ of its <br />requirements. Lino Lakes will be required to follow and implement the new law, unless it <br />passes an ordinance to “opt out”. The requirements of Minnesota Statutes, Section 462.3593 <br />will go into effect on September 1, 2016. If the City chooses not to opt. out, Lino Lakes will <br />need to have a permit fee in place and be ready to accept/process applications for temporary <br />family health care dwellings by September 1, 2016. <br /> <br />With respect to this new legislation, the League of Minnesota Cities has opined that “the most <br />conservative approach would be to opt out of the statute.” The City could then if it desired <br />study the matter further and consider an ordinance that would be best suited to the city. <br /> <br />The City currently allows for accessory apartments under Section 1007.048. <br /> <br />RECOMMENDATION <br /> <br />The Planning & Zoning Board held a public hearing on August 10, 2016. There were no public <br />comments. The Board voted 5-0 in favor of adopting an ordinance opting out of the <br />requirements of Minnesota Statutes, Section 462.3593. <br />.