Agenda Packets - 2016/07/11 - Laserfiche WebLink

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LMC Memo on Temporary Housing Temporary Dwelling Legislation Becomes Law A bill creating a new process for local governments to permit certain types of recreational vehicles as temporary family dwellings was signed into law by Gov. Dayton on May 12. Chapter 111 (SF 2555, Sen. John Hoffman, DFL-Champlain, and Rep. Roz Peterson, R-Burnsville) previously passed the House floor on a vote of 113-17. Purpose of the law The main stated motivation behind the new law is to provide transitional housing for seniors. For example, if a family wanted to keep a close eye on grandma while she recuperates from surgery, they could have grandma stay in a temporary family health care dwelling in the yard or driveway. The law has a broader effect than that, however, with anyone who needs assistance with two or more “instrumental activities of daily life” for mental or physical reasons eligible to be housed in this manner. Summary of changes The League worked extensively with the authors and proponents and with other local government organizations throughout the legislative process to craft a law that is manageable for cities and counties. Local governments may opt out of this program if they determine that this type of expedited land use permitting for temporary dwellings is not well-suited to their community. Many communities have communicated that property owners in their jurisdiction have adequate access to a permit for this type of use through existing local land use controls and permitting authority. Cities must pass ordinance to opt out To be clear, unless a city chooses not to participate in this program by passing an ordinance specifically opting out, the law will require the city to issue permits to qualified applicants starting on Sept. 1, 2016. A permit can be denied for appropriate cause. The law lists the information required and the requirements that may be considered in that decision. The final act has the following key components: • Creates a new type of permit referred to as a temporary dwelling permit that has a six-month duration, with an option to extend the permit for six months. • Requires that the permit be for a property where the caregiver or relative resides. • Allows modular and manufactured housing (instead of just recreational vehicles) to use this permit process as long as the unit meets all of the listed criteria. • Lists the criteria for the structure and the information required in the permit application. • Addresses sewer safety issues with required backflow valves and advance verification of septic service contracts. • Requires the inclusion of site maps showing where the unit will be placed and notification of adjacent neighbors prior to application. • Requires applications to specify the individual authorized to live in the unit. • Applies the permit approval process found in Minnesota Statutes, section 15.99, but allows the local government unit only 15 days to make a decision on granting the permit (no extension).