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Item No: 5A Meeting Date: July 20, 2016 Type of Business: Planning Case SP-202-16 2 covenant stating that the homeowner will occupy the property, ensuring the intent of the ordinance is followed, and shall notify any future owner of the same (via the covenant). If not owner occupied, the ADU must be made non-livable (i.e. toilet or sink, etc. is removed). However, it is Staff’s opinion that a covenant would not be necessary in Mounds View. If a violation occurs, the City would treat it similar to any other ordinance violation (potential of a misdemeanor). Other: R-1 District: Accessory Dwelling Units would only be allowed in the R-1 Single-Family Residential District. This is because two-family dwellings (i.e. duplexes) are permitted in the R-2, R-3, and R-4 districts. Setbacks: Within the R-1 District, ADU’s must be setback a minimum of 10’ from the side and rear property lines (an accessory building is 5’). If an existing accessory building with a 5’ setback is converted into an ADU, that portion of the ADU must be setback a minimum of 10’, and the excess 5’ cannot be livable area. Parking: Single-Family and Two-Family dwellings are required to provide a minimum of two off-street parking spaces per unit (multi-family dwellings must be provided with 2.5 spaces per unit). Under the draft ordinance, a Single-Family Home with an ADU would be required to provide a minimum of three off-street parking spaces (2 for the house, and 1 for the ADU). Rental Dwelling License: As with all residential rental properties, a Rental Dwelling License will be required. Exception; “A rental dwelling license is not required for residences occupied by the owner where no more than two (2) sleeping rooms are rented and the renters have access to the entire residence, or for residences occupied only by the owner’s children or parents.” (City Code, Section 1012.03, Subd 1(b). If a rental license is required, the City will inspect the ADU every other year for compliance with Building & Development Regulations (City Code, Title 1000). The annual fee is $375 the first year, and $60 each year thereafter. The $375 fee may be reduced to $100, if the homeowner attends a rental housing workshop, or contracts with a management company to manage the ADU. The Homeowner (landlord) cannot discriminate against renters or rental applicants. Exceptions; If the ADU is attached to the home and the ADU renter has access to it (i.e. internal door), the homeowner can discriminate based on sex, marital status, public assistance, sexual orientation, or disability (Minn Stat §363A.21, Subd 1(2). For example, if the home is owned and occupied by a single elderly lady, she may choose to rent only to an unmarried woman. This exception would not apply to detached ADU’s, or attached ADU’s with no internal access to the attached home.