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Page 2 <br />City Council <br />March 8, 2015 <br /> <br />dwelling permit with the possible of one six-month extension, there is no language in the law <br />addressing appeal should the permit be revoked for non-compliance. <br />- Failing to opt-out means that the City loses its authority to regulate temporary dwellings of <br />this nature. The conditions of Minn Stat. § 462.3593 will supersede any existing regulation in <br />Saint Anthony’s city code, and ordinances regulating mobile homes or accessory units will not <br />apply. Minn Stat. § 462.3593 does defer to a city’s existing setback requirements and gives some <br />flexibility as to the permit fee charge, but if a city does not opt-out of the law by ordinance it will <br />have no authority to add additional requirements or stipulations. <br />By opting-out of Minn Stat. § 462.3593, Saint Anthony will retain maximum flexibility to address <br />temporary family health care dwellings in a manner that is more specific to the needs of the city. As <br />stated by Kao and Johnson in a League of Minnesota Cities 2016 law summary of § 462.3593, “An opt- <br />out ordinance is the correct step to take if a city either wants to use their existing land use controls or to <br />develop a customized version that might allow this sort of use in some cases using different processes or <br />criteria.1” Given the stated concerns regarding Minn Stat. § 462.3593, it is recommended that the City <br />opt-out of the statute and explore other options for regulation of temporary medical dwellings. <br />SUMMARY OF ORDINANCE <br />As proposed, the ordinance would specifically do the following: <br />• Serve as the official opt-out for the City of Saint Anthony from the terms and conditions of <br />Minnesota Stat. § 462.3593 which defines and regulates Temporary Family Health Care <br />Dwellings. <br />RECOMMENDED ACTION <br />Staff recommends approval of the enclosed ordinance to opt-out of Minn. Stat § 462.3593, which <br />defines, permits and regulates temporary family health care dwellings. <br /> <br /> <br /> <br />1“2016 Law Summaries: Legislative Action through May 23, 2016.” (2016). League of Minnesota Cities. <br />54