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70 Page 2 dwelling permit with the possible of one six-month extension, there is no language in the law addressing appeal should the permit be revoked for non-compliance. Failing to opt -out means that the City loses its authority to regulate temporary dwellings of this nature. The conditions of Minn Stat. § 462.3593 will supersede any existing regulation in Saint Anthony's city code, and ordinances regulating mobile homes or accessory units will not apply. Minn Stat. § 462.3593 does defer to a city's existing setback requirements and gives some flexibility as to the permit fee charge, but if a city does not opt -out of the law by ordinance it will have no authority to add additional requirements or stipulations. By opting -out of Minn Stat. § 462.3593, Saint Anthony will retain maximum flexibility to address temporary family health care dwellings in a manner that is more specific to the needs of the city. As stated by Kao and Johnson in a League of Minnesota Cities 2016 law summary of § 462.3593, "An opt - out ordinance is the correct step to take if a city either wants to use their existing land use controls or to develop a customized version that might allow this sort of use in some cases using different processes or criteria."' Given the stated concerns regarding Minn Stat. § 462.3593, it is recommended that the City opt -out of the statute and explore other options for regulation of temporary medical dwellings. SUMMARY OF ORDINANCE As proposed, the ordinance would specifically do the following: Serve as the official opt -out for the City of Saint Anthony from the terms and conditions of Minnesota Stat. § 462.3593 which defines and regulates Temporary Family Health Care Dwellings. RECOMMENDED ACTION Staff recommends approval of the enclosed ordinance to opt -out of Minn. Stat § 462.3593, which defines, permits and regulates temporary family health care dwellings. The Planning Commission met on June 27, 2016, held a public hearing (no one spoke on the matter), and recommended approval of the ordinance subject. The Commission voted 6-0 in favor of approval, with one member absent. 1"2016 Law Summaries: Legislative Action through May 23, 2016." (2016). League of Minnesota Cities.