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Plannin g Commission Regular Meeting Minutes June 27 , 2016 Page 6 Chairperson Gondorchin stated since we are early in the process the CUP amendment is 1 requested at this time. Ms. Rothstein stated the plans would be submitted to the City C ouncil as 2 provided. The details are relevant. If there are significant changes the Commission would like to 3 see, then that would come back for approval. 4 5 Motion by Commissioner Lichty , seconded by Commissioner Papatola, to recommend to the 6 City Council app roval of a Resolution Approving a Conditional Use Permit (CUP) to allow for 7 the Addition of 40 Outdoor Seats on the Premises Located at 3701 Stinson Boulevard with 8 conditions outlined in the staff report. 9 10 Commissioner Lichty noted the 10:00 p.m. condition is included in the conditions. 11 12 Motion carried 6 -0 13 14 C. Consider an amendment of the City Code, adding section 152.189 Opting-Out of the 15 Requirements of Minnesota Statutes, Section 462.3593 (Temporary Family Health 16 Care Dwellings). 17 18 Chairperson Gondorchin opened the public hearing at 7:55 p.m. 19 20 City Planner Rothstein presented on May 12, 2016, Governor Dayton signed into law the 21 creation and regulation of temporary family health care dwellings, codified at Minnesota Statute 22 §462.3593. The law establishes a permitting process allowing landowners to place mobile 23 residential dwellings on their property to serve as temporary dwellings. The law intends to 24 provide dwellings accommodating short-term care for family members in need of assistance or 25 close supervision. These temporary dwellings would be exempt from assisted living regulation 26 and subject to a specific permitting process. Cities may opt-out of requirements before the 27 September 1, 2016 deadline. City Planner Rothstein reviewed a power point presentation 28 summarizing the case. She reviewed the following findings: 29 • The law regulates the user and not merely the land use. 30 • The law will require the City to collect and manage medical information 31 • Concerns that the law does not adequately confirm the temporary nature of these 32 dwellings. 33 • By opting-out of Minn Stat. §462.3593, St. Anthony will retain maximum flexibility to 34 address temporary family health care dwellings in a manner that is specific to the needs 35 of the city. 36 • An opt-out ordinance is the correct step to take if a city either wants to use their existing 37 land use controls or to develop a customized version that might allow this sort of use in 38 some cases using different processes or criteria. 39 40 Staff recommends adoption of the ordinance which would serve as the official opt-out for the 41 City of St. Anthony from the terms and conditions of Minnesota Stat. §462.3593 which defines 42 and regulates Temporary Family Health Care Dwellings. 43 44 Commissioner Lichty stated RV’s would most likely not be considered due to the wording in the 45 ordinance. He has no hesitation in passing this opt -out amendment. 46