HomeMy WebLinkAboutPL PACKET 10172023CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
Tuesday, October 17, 2023 at 7:00 PM
Join Meeting via Zoom
There is also a dial -in option available. Members of the public who wish to attend the
meeting may do so in person.
Call To Order
Pledge Of Allegiance
Roll Call
Approval Of Agenda
Approval Of Minutes
Approval Of PC Meeting Minutes
PC 08 -15 -2023.PDF
Public Hearing
Ordinance 2023 -07 - Amending The St. Anthony City Code, By Amending
Sections 150.124 And 152.008 Relating To Licensing Prohibition For Short -Term
Rental Units
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
SAV LICENSED RESIDENTIAL RENTAL PARCELS - MAPS.PDF
ORDINANCE 2023 -07 SAV SHORT -TERM RENTAL LICENSING ORDINANCE
FORM.PDF
NOTICE - PUBLIC HEARING CODE TEXT AMENDMENTS.PDF
Ordinance 2023 -08 - Amending The St. Anthony City Code, By Amending
Sections 150.124, 150.127 And 152.008 Relating To Rental Licensing Limits For
Single Family Detached Dwellings
Steve Grittman, City Planner, presenting.
ORDINANCE 2023 -08 SAV SINGLE FAMILY RENTAL LICENSING
ORDINANCE FORM.PDF
Ordinance 2023 -09 -Amending The St. Anthony City Code, By Amending
Sections 152.008 And 152.176 Relating To The Establishment Of Sacred
Settlements By Conditional Use Permit
Steve Grittman, City Planner, presenting.
ORDINANCE 2023 -09 SAV SACRED SETTLEMENTS ORDINANCE
FORM.PDF
Staff Reports
Other Business
Community Forum
Individuals may address the Planning Commission about any City business item not
included on the regular agenda. Speakers are requested to come to the podium, sign
their name and address on the form at the podium, state their name and address for the
Clerk ’s record, and limit their remarks to five minutes. Generally, the Planning
Commission will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on
an upcoming agenda.
Information And Announcments
Adjournment
If you would like to request special accommodations or alternative formats, please contact the City
Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can
contact us by using 711 Relay.
Our mission is to promote a high quality of life to those we serve through
outstanding city services.
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CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, October 17, 2023 at 7:00 PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To OrderPledge Of AllegianceRoll CallApproval Of AgendaApproval Of MinutesApproval Of PC Meeting MinutesPC 08 -15 -2023.PDFPublic HearingOrdinance 2023 -07 - Amending The St. Anthony City Code, By Amending Sections 150.124 And 152.008 Relating To Licensing Prohibition For Short -Term Rental UnitsSteve Grittman, City Planner, presenting.COVER MEMO.PDFSAV LICENSED RESIDENTIAL RENTAL PARCELS - MAPS.PDFORDINANCE 2023 -07 SAV SHORT -TERM RENTAL LICENSING ORDINANCE FORM.PDFNOTICE - PUBLIC HEARING CODE TEXT AMENDMENTS.PDF
Ordinance 2023 -08 - Amending The St. Anthony City Code, By Amending
Sections 150.124, 150.127 And 152.008 Relating To Rental Licensing Limits For
Single Family Detached Dwellings
Steve Grittman, City Planner, presenting.
ORDINANCE 2023 -08 SAV SINGLE FAMILY RENTAL LICENSING
ORDINANCE FORM.PDF
Ordinance 2023 -09 -Amending The St. Anthony City Code, By Amending
Sections 152.008 And 152.176 Relating To The Establishment Of Sacred
Settlements By Conditional Use Permit
Steve Grittman, City Planner, presenting.
ORDINANCE 2023 -09 SAV SACRED SETTLEMENTS ORDINANCE
FORM.PDF
Staff Reports
Other Business
Community Forum
Individuals may address the Planning Commission about any City business item not
included on the regular agenda. Speakers are requested to come to the podium, sign
their name and address on the form at the podium, state their name and address for the
Clerk ’s record, and limit their remarks to five minutes. Generally, the Planning
Commission will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on
an upcoming agenda.
Information And Announcments
Adjournment
If you would like to request special accommodations or alternative formats, please contact the City
Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can
contact us by using 711 Relay.
Our mission is to promote a high quality of life to those we serve through
outstanding city services.
I.II.III.IV.V.A.Documents:VI.A.Documents:
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Documents:
C.
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VII.
VIII.
IX.
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1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 AUGUST 15, 2023
4 7:00 p.m.
5
6 CALL TO ORDER.
7
8 Vice Chair Morita called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11
12 Vice Chair Morita invited the Commission and the audience to join him in the Pledge of Allegiance.
13
14 ROLL CALL.
15
16 Commissioners Present:Vice Chair Morita, Commissioners Erickson, Kuykendall, and Rude.
17
18 Absent:Chair Socha, and Commissioners Gaveske and Hendrickson
19
20 Also Present: City Planner Stephen Grittman, Assistant to the City Manager Nicole
21 Miller and Student Liaison Alayna Peterson
22
23
24 I.APPROVAL OF THE AUGUST 15, 2023 PLANNING COMMISSION MEETING
25 AGENDA.
26
27 Motion by Commissioner Erickson, seconded by Commissioner Rude, to approve the August
28 15, 2023, Regular Planning Commission Meeting Agenda.
29
30 Motion carried 4-0.
31
32 II.APPROVAL OF THE JULY 18, 2023, REGULAR PLANNING COMMISSION
33 MEETING MINUTES.
34
35 Motion by Commissioner Rude, seconded by Commissioner Erickson, to approve the July 18,
36 2023, Regular Planning Commission Meeting Minutes as presented.
37
38 Motion carried 4-0.
39
40 III.PUBLIC HEARING.
41
A.42 CUP – 3312 Silver Lake Road.
43
44 Vice Chair Morita opened the public hearing at 7:02 p.m.
45
46 City Planner Steven Grittman reviewed the applicant, Nativity Lutheran Church, is proposing
47 to upgrade an existing ground sign for message displays located at 3312 Silver Lake Road.
48 Mr. Grittman indicated the location on a map. The ground sign would be located along the
49 east side of the building, adjacent to Silver Lake Road in the location of the current sign.
Planning Commission Regular Meeting Minutes
August 15, 2023
Page 2
1 Because a portion of the sign will include an electronic digital display, the sign requires a
2 Conditional Use Permit pursuant to Section 155.29 of the City’s Sign Ordinance.
3
4 The new sign would be located in the traffic island separating in-bound traffic to the church
5 property and the travel lanes of Silver Lake Road. The existing sign sits very near the roadway
6 in this location. The plans indicate the overall height of the sign to be 8 feet the maximum
7 height for such signs. The Dynamic Display will be 15 square feet (5 feet wide by 3 feet
8 high), which is significantly less than 35% of the total allowable 150 square feet in the ROS
9 District. The total sign display area, including both the digital and non-digital surface, is
10 approximately 34 square feet.
11
12 Based on a review of the proposed sign and the applicable regulations, Planning Staff
13 recommends approval of the CUP request, with conditions related to compliance with code
14 requirements applicable to dynamic display signs with the following conditions:
1.15 Applicant will submit plans verifying a setback from Silver Lake Road no closer than the
16 existing sign which is being removed.
2.17 Compliance with the operational standards of the code in Section 155.29, notably the
18 requirements for a static, monochrome message of at least 8 seconds duration, a black
19 background, and other related requirements.
20
21 The Petitioner, Beth Schuman, commented on the sign placement. The new sign does not
22 move any closer to Silver Lake Road. They have no concerns about following the ordinance
23 for signs.
24
25 Vice Chair Morita closed the public hearing at 7:10 p.m.
26
27 Commissioner Rude stated this is grandfathered in and he does not want others to think they
28 can have a sign closer to Silver Lake Road.
29
30 Motion by Vice Chair Morita, seconded by Commissioner Rude, to recommend the City
31 Council approve the resolution approving a request for a Conditional Use Permit for an
32 Electronic Dynamic Display Sign at 3312 Silver Lake Road in the R-1 Single Family
33 Residential Zoning District with conditions noted.
34
35 Motion carried 4-0.
36
37 Mr. Grittman stated this will go before the Council at their meeting on September 12, 2023.
38
39 IV.STAFF REPORTS.
40
41 Mr. Grittman stated the Council did adopt the regulations on THC Hemp Products that had
42 been reviewed by the Planning Commission. Mr. Grittman stated the Council also adopted an
43 interim moratorium on adult use cannabis that runs until January 1, 2025. The State is creating
44 an Office of Cannabis Management. Mr. Grittman explained the licensing process. He
45 referred Commissioners and residents to the League of MN Cities website for further
46 information.
Planning Commission Regular Meeting Minutes
August 15, 2023
Page 3
1
2 V.OTHER BUSINES - NONE.
3
4 VI.COMMUNITY FORUM - NONE.
5
6 No one appeared to address the Planning Commission.
7
8 VII.INFORMATION AND ANNOUNCEMENTS.
9
10 Assistant to the City Manager Nicole Miller announced this would be the last meeting for
11 Student Liaison Alayna Peterson and thanked her for her service.
12
13 VIII. ADJOURNMENT.
14
15 Vice Chair Morita adjourned the meeting at 7:20 p.m.
16
17 Motion carried 4-0.
18
19 Respectfully submitted,
20 Debbie Wolfe
21 TimeSaver Off Site Secretarial, Inc.
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:October 11, 2023
Meeting Date:October 18, 2023
RE:St. Anthony – Single Family Rental Ordinances - Report and Options
General Rental Housing;
Short Term Rental;
Faith Community Micro-Housing
GC Project No.140.00
Background
As a part of the City’s ongoing examination of rental residential property, and affordable
housing goals overall, the City Council directed a further discussion of issues related to single
family rental housing in St. Anthony as a part of its 2023 Goal Setting. The Council discussed
various aspects of the single family rental housing topic at a Work Session on September 26,
2023. From that Work Session, staff was directed to prepare ordinance options creating
additional limitations around the quantity and location aspects of rental housing in the
community.
That discussion identified a number of goals for the ordinance amendments.
1.First is the preservation of home ownership options in the community. It was noted
that in St. Anthony, single family housing is a relatively finite resource, and as ownership
of those units is transferred to non-resident owners and the units are rented, the
opportunities for home ownership decrease. A decrease in supply can have an
inflationary impact of price, counter to the City’s objectives to encourage both
ownership and affordability.
2.Second, the Council identified a concern related to the potential for corporate single
family ownership. This aspect relates to the possibility that rental housing organizations
with substantial resources purchase several single family homes as they come to the
market, converting those homes from owner-occupied to rentals. There was an
Planning Commission - October 18, 2023
Page 2
acknowledgement that local owners who rented only a small number of homes were
more likely to be local residents, and more attentive to housing maintenance overall.
As a result, there is an interest in limiting the total number of units that any individual or
party can own and operate as single family rental units in the Village.
3.A third potential issue was investigated related to the aggregation of single family rental
units as a total number of the housing supply. A related aspect of this discussion was, in
part, the concentration of such units in particular neighborhoods. The Council
expressed an interest in limiting the total number of units being rented. Secondarily,
Council explored in their discussion the idea that to the extent single family units are
rented, they are relatively dispersed throughout the Village, rather than concentrating
in any particular neighborhood or block.
4.Also related to single family rental was the observation that long-term rental of any
housing unit was fundamentally different than short-term rental. Short-term rentals are
those that provide occupancy for less than 30 days. The Council’s discussion noted that
these rentals are transient and oriented to vacation travel occupancy as a business
venture, rather than constituting a residential occupancy. The Council also observed
other nearby communities that have experienced difficulty with short-term rental, and
staff has observed complaints about these rentals in St. Anthony.
5.Finally, the Minnesota Legislature passed a statutory change this past spring that
created a new kind of rental occupancy for the establishment of communities of micro-
units on religious property, known as “Sacred Settlements”. The legislation created an
extensive set of requirements for these settlements, with a goal of creating affordable
housing options for homeless/unhoused very-low income persons. The settlements are
required to be allowed by localities on the property of religious institutions, owned and
managed by those institutions. The legislature made provision for local governments to
add limited zoning requirements by Conditional Use Permit. This amendment is
included in the discussion of rental housing, as a separate – but related – housing
amendment.
This memorandum and materials is intended to support the Planning Commission’s discussion
of the rental housing options in the community. Staff scheduled a public hearing to accompany
the discussion to include participation by members of the public if interested.
For each element identified above, a description of the proposed amendment, and discussion
of the issues related to it, are included below. Also included is a brief summary of alternatives
to the proposed amendment to help fill out the Commission’s consideration of each aspect.
There are other housing issues to explore based on the Goal Setting, and housing in general.
This hearing focuses only on the initial set of topics, with an expectation that others will be
raised and reviewed in turn.
Planning Commission - October 18, 2023
Page 3
Existing Conditions and Regulations.
Included with this material are two maps that identify (1) the location of parcels with rental
housing licenses, and (2) the specific parcels that hold single family homes with rental licenses.
Accompanying the maps is a summary of the license-holders and addresses for all rental
residential properties – this list includes both detached and attached housing from 1 to 3 units
and excludes any multi-family properties of 4 or more units.
The materials and research from prior analyses showed that the City’s housing stock in this low-
density category totals about 4 percent of that stock as rental. For single family homes
specifically, approximately 2 percent of that category are licensed and occupied as rental units.
Existing Rental Housing. Currently, rental housing in St. Anthony is licensed. The purpose of
the current licensing program is to ensure that residences held out for rent meet standard life-
safety requirements. Licenses are required for any rental property, and include an annual
inspection. The license fee is $150 for single family properties.
For the most recent full year (2022), just over 90 owners held licenses to 113 individual units
(including all single family, two-family, and three-family buildings, but not including multi-family
buildings of 4 or more units, or mobile home rentals). More than 60 of those own and rent just
one building in the City. Only a couple dozen individuals/entities own more than one unit, most
of which own two, with the largest rental land holder currently renting 4 individual single family
homes. This is from a single family housing stock of just under 2,100 single family homes.
Specific to Single Family detached homes, the second map illustrates the single family licensees
on the zoning map. A total of 54 single family detached homes are being rented of the 113
units totals. There are 3 instances of 2 adjoining single family homes being rented, and 1
instance where 3 contiguous parcels hold rental units. The 3 contiguous are owned by and
adjacent to the Nativity Church. The remaining 45 units are spread throughout the community.
In looking separately at where the owners of rental properties are located, about one-third of
the owners are St. Anthony residents or entities, with another third of owners being located in
adjoining and nearby communities, including Minneapolis, New Brighton, Fridley, Columbia
Heights, and Roseville. The remaining third of owners are located elsewhere (mostly metro
Twin Cities). Just five of the approximately 90 rental property owners are located out of state.
Ordinance Design and Options
Single Family Rental Regulation. In the general marketplace, there has been a trend in some
areas in which larger companies buy up (or develop) larger numbers of single family homes and
hold them for rentals. The concerns raised by this trend relate primarily to an erosion of home
ownership, and concerns over widespread maintenance problems or tenancy turnover. Home
ownership has long been a goal for many communities, as it has an extensive history of
Planning Commission - October 18, 2023
Page 4
improving neighborhood stability, and a series of other benefits that lead to stronger
citizenship and community strength.
As a result, some communities have adopted regulations that limit the number of rental units in
the community. In many of these examples, the regulations limit the number of rental units by
geographic area. The idea behind these limitations is to avoid an over-concentration of rental
housing in a particular area, with the goal being to ensure that ownership remains the
dominant form of occupancy in any particular neighborhood.
This approach to rental housing has been subject to legal challenges in a number of Minnesota
communities. Most significantly, the City of Winona adopted an ordinance limiting the number
of single family rental units that could occupy any block to a maximum of 30%. The City noted
that the overconcentration of rental units had been observed to have a negative impact on
housing maintenance, and other observable conditions in areas dominated by rental
occupancy.
Winona withstood a legal challenge, despite some sympathetic challengers. The case went to
the Minnesota Court of Appeals, which ruled that because the City could identify specific
benefits to protecting public health, safety, and welfare, the regulation was justifiable. Because
this is the general standard of review for land use cases, the Court’s determination is likely to
be applicable to other similar regulations.
In the past, the generally applicable rule in land use was that a city could not discriminate
between rental- and owner-occupied housing. The essential element was the land use and its
density, not the identity (or “tenancy”) of the residents. The Winona cases have turned this
over in some ways.
Thus, if St. Anthony wished to adopt limiting regulations as to the number of single family
rentals, there is a path to creating those regulations. Because “owner-occupied” housing can
take many forms, there are not likely to be other ways to distinguish between occupants.
Corporate ownership occurs occasionally to allow owner-occupants to include their housing in
estate planning options. This is same as trust-ownership or family-member ownership (both of
which can qualify as “homestead” properties under Minnesota’s real estate tax policy.
Ordinance Proposal No. 1: Limit the total number of single family rental licenses by
geographic area.
For this proposal, the attached Ordinance language would limit single family detached
rental licenses to:
A.Create a definition of “Block”: A block is a tract of land bounded on all sides by
streets or by a combination of streets, public parks, railroad rights-of-way, pierhead
lines or airport boundaries.
Planning Commission - October 18, 2023
Page 5
B.Create a total cap on the number of single family rental licenses. As noted, this
count is currently at 54. A cap could be created at that number, or a limited increase
or decrease. If a decrease, the City would likely issue renewals until the number
eventually was reduced to the cap point by the market and sales to owner-
occupants.
C.Limit Licensees to no more than 4 (four) single family detached units within St.
Anthony.
Options for Geographic distribution/concentration:
D.1 If geographic distribution or concentration is considered an issue, the ordinance
could be written to allow no more than two licenses for units facing the same side of
any street within any block.
D.2 As in C.1, the City could further limit licensed rentals to no more than two
contiguous parcels, nor more than three licenses on any block.
D.3 Limit total licenses by quadrant (or other defined geographic marker) of the City,
such as areas north or south of 33rd Ave NE, and east or west of Silver Lake Road.
Each quadrant would be limited to no more than a fixed number of licensed single
family properties. (Currently, there are 17 licensees in the NW quadrant; 9 in the NE
quadrant; 10 in the SE quadrant; and 18 in the SW quadrant.)
This ordinance is intended to create an overall limitation, and avoid large-scale corporate
domination of single family unit supply, and potentially address concentration on blocks or
within general areas of the City. Together, the provisions are intended to support the City’s
goals of promoting home ownership and preserving naturally-occurring affordability within the
existing housing stock by limiting competition from non-resident owner-renters.
Short-Term Single Family Rental (AirBnB, VRBO, etc.). A separate issue often raised in the SF
Rental discussion is that of short-term (“Vacation”) rental. This is defined by the State of
Minnesota as rental periods of less than 30 days. Short-term rental is not considered a
residential use of property, but rather is technically a lodging use. While the State of
Minnesota regulations commercial lodging, they are not currently enforcing their licensing
provisions on short-term rental housing.
Many local communities have chosen to separately regulate license short-term rental housing,
with some communities prohibiting the use in residential zones. The latter approach is based
on a determination that short-term rental is a commercial lodging use, rather than a residential
use of property.
Planning Commission - October 18, 2023
Page 6
In a search by staff, 3 homes were found on the most popular websites to be listed as St.
Anthony locations, and 2 others listed rooms for rent (rather than the entire property). The
City has recently received complaints related to short term rental occupancies and property
maintenance.
Roseville, on the other hand, recently acted to prohibit new applications for short-term rental
units. A copy of Roseville’s “Short Term Rental Brochure” is attached to this report for
information on that city’s licensing program for previously existing short term rental units.
Roseville enacted its prohibition after a series of complaints about certain units being used as
“party houses”, disrupting neighborhoods, and concerns over ongoing maintenance, trash,
noise, and other issues.
They continue to study the issue to identify ways that the City can amend its licensing and
enforcement process to eliminate problems they have encountered. As a part of the decision
to prohibit new licenses, Roseville agreed to continue licensing current operators, but
additional regulation is expected.
Ordinance Proposal No. 2: Limit (or eliminate) rental licensing for single family units
being used as short-term rental units.
In this Ordinance, there are two options. One would be to terminate licensing for all
short term rental units beginning with the next licensing period. Because the use is not
specifically a residential use and can be viewed as a commercial use of property, there is
no specific property right in re-licensing for the existing short-term properties.
The second option would be to allow re-licensing of the current operations, but prohibit
new licenses for short-term rental property. The current definition of “Dwelling” is: A
building or a unit in a building intended to be occupied by a person or persons as a place
of residence, but excluding rooms in motels, hotels, nursing homes and boarding homes,
and excluding trailers and tents. One aspect of either option would be to strengthen the
definitions to include a definition of “Residence” or “Residential” as: Occupancy of a
dwelling or dwelling unit for a period of at least 30 days or longer.
A.Definition: Residential (or Residence): A dwelling unit that is intended for
occupancy for no less than 30 days, whether owned or rented.
B.Definition: Short-Term Rental: A form of transient occupancy, similar to motels or
other such uses, in a residential zoning district which occupancy of a residential
building, room, or suite of rooms is offered, rented, or used, for periods of less than
30 consecutive days.
C.1. No rental license shall be issued for any building, room, or suite of rooms in a
residential district for any “Short-term rental”. [Option 1].
Planning Commission - October 18, 2023
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C.2. No rental license shall be issued for any building, room, or suite of rooms in a
residential district for any “Short-term rental”, EXCEPT that, any such building, room, or
suite of rooms that possessed a rental license with the City as of January 1, 2024, and
which has been operated as a “Short-term rental”, shall be entitled to apply for a
renewal of such license and continued use for short-term rental purposes. Provided that:
the property has been maintained in compliance with all applicable regulations, and no
citations or violations for noise, lights, property use, parking, or other nuisance
conditions have been documented in the prior twelve (12) month period. [Option 2.]
Sacred Settlements. As discussed above, the During the 2023 legislative session, the Legislature
passed a bill authorizing religious institutions beginning Jan.1, 2024, to site micro-unit dwellings
on religious institution property. It also requires cities to permit such “Sacred Settlements” of
micro-units either via a permitted use or conditional use. This legislation was a part of the
State’s efforts to address homelessness and affordability for the target populations.
The statutory requirements for this land use are codified in MN Stat. Section 320.30, and a
summary of the statute is provided from the League of Minnesota Cities as an appendix to this
report. Essentially, cities will be required to accommodate these facilities as an extension of a
religious institutional use. The only flexibility comes in the ability to require a Conditional Use
Permit and impose limited zoning constraints on the extent or impacts of the use.
Because certain such religious uses can be located in places where the introduction of
residential uses could create new land use conflicts that are not anticipated by the zoning
district in which the religious use exists, staff recommends the accompanying ordinance
amendment language to require that such uses are allowed only by Conditional Use Permit.
While Conditional Uses are presumed to be allowed in the district, there is a degree of
discretion over that of a permitted use that gives the City some opportunity to ensure that the
residential uses are reasonably compatible with the site and the neighborhood.
The city has churches located in a variety of zoning districts. The operation of the statute
relates to “faith communities”, not zoning specifically. The applicable Districts are R-1, R-2, R-3,
R-4, and the C District – all by Conditional Use Permit. It appears, although it is not clear, that
the use would be construed to be an expansion of a legal non-conforming use, such as a
religious institution in the L-I, Light Industrial District, the R-O, Recreation/Open Space District,
or the R-1A, Single Family Lakeshore District. Therefore, it is presumed that these settlements
would not be allowed where the assembly/faith community use is non-conforming.
Staff recommends the following as a component of this land use.
Planning Commission - October 18, 2023
Page 8
Ordinance Proposal No. 3: Create a Conditional Use Permit clause for “Sacred
Settlements” as an accessory use of religious institutional uses. The CUP provision
would be conditioned on the following elements:
1.The proposed settlement meets all conditions and requirements of MN Stat. Section
320.30 as may be amended from time to time.
2.Settlements established under this provision shall only be allowed on the property
of the principal sponsoring faith community, and shall be an accessory use, not the
principal use of the property.
3.Setbacks for the micro-units are equal to the required setback of that of the zoning
district on the adjoining parcel or the setback requirements of the district in which
the settlement is located, whichever is greater.
4.Where such uses are located adjacent to any single family residential use, a
landscape buffer providing reasonable screening between such uses is provided.
5.Where such uses are located adjacent to any Business or Industrial property, a
landscape buffer and a solid maintenance-free fence shall be provided to both
screen the uses and provide a physical separation.
6.Access to the micro-units in a community created under this provision shall be only
through the internal private access of the sponsoring faith community, and not
through other properties nor directly to the public street.
7.Parking supplies for the property shall be adequate to serve both the residential use
established under this provision, and for all other principal uses of the property,
including the primary religious institutional use. As the residential use is a round-
the-clock use of the property, each unit shall be afforded one parking space in
addition to the other parking requirements of the site use.
8.Other requirements of the City as deemed necessary to ensure health and safety of
the proposed community, and compatibility with the neighborhood in which the use
is located.
Summary
This report presents a number of proposals to regulate rental housing – particularly single
family rental housing – in the Village. Three general aspects of rental housing are addressed:
First, single family rental numbers and nature of ownership are addressed by Ordinance
Proposal No. 1. Options within this ordinance would include geographic restrictions.
Planning Commission - October 18, 2023
Page 9
Second, limitations (or prohibition) of Short-term Rental licenses. Option 1 provides for the
termination of any short-term rental, while Option 2 provides for the continuation of the
existing licensees, but prohibit new short-term licenses.
Third, accommodation of the State’s requirements for “Sacred Settlements” by Conditional Use
Permit, with a series of provisions for zoning regulations managing the potential impacts of this
new accessory use on religious institution property.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of the proposed ordinance amendments addressing various aspects
of the City’s single family rental housing and licensing with the following motion:
1.Motion to recommend approval of the proposed zoning ordinance amendments as
described in this report, and the accompanying ordinances, including the following:
a.Ordinance Proposal No. 1
b.Ordinance Proposal No. 2 (Option C.1 or Option C.2)
c.Ordinance Proposal No. 3
ALTERNATIVE PLANNING COMMISSION ACTION
2.Motion to recommend denial of the amendments. In the event of a recommendation
for denial, the Planning Commission must state its findings related to denial on the
record.
3.Request Additional Information and Table Action. A motion to table should be
accompanied by the specific information requested of staff necessary to make a
recommendation.
ATTACHMENTS
Exhibit A:Application and Supporting Material
Exhibit B:Maps of Rental Licenses
Exhibit C:Draft City Council Resolution
Exhibit D:Proposed Ordinance Format Language
Planning Commission - October 18, 2023
Page 10
Appendix: Sacred Settlements – League of Minnesota Cities Summary Information
Individuals Qualifying for Micro Unit Eligibility
Micro-unit dwellings within sacred settlements are intended to provide an additional means for
faith communities to serve chronically homeless individuals, designated volunteers, and
extremely low-income individuals in accordance with their religious vocations.
An individual who meets the definition of being chronically homeless is someone who is
unhoused and lives or resides in a place not meant for human habitation, a safe haven,
or in an emergency shelter for at least one year, or on at least four separate occasions in
the last three years.
An individual who meets the definition of being extremely low income has an income
that is equal to or less than 30% of the area median income.
A designated volunteer is an individual who has not experienced homelessness and is
approved by the religious institution to live in the sacred settlement as their sole form of
housing.
The language defines a religious institution to include a church, synagogue, mosque, or
religious organization organized under Minnesota Statutes Chapter 315.
Micro-unit Structure Rrequirements
There are myriad of requirements and minimum standards in the statutory language that
address both the standards for the micro units themselves as well as requirements and
restrictions for faith communities that chose to establish a sacred settlement of micro units on
their religious property.
Under the new law, micro units must meet certain building requirements and standards
to be allowed for placement in a sacred settlement on religious property.
All micro units must be built to the requirements of the American National Standards
Institute (ANSI) Code 119.5, which includes standards for heating, electrical, fire, and life
safety.
Additionally, micro units are subject to inspection for compliance with statutory
standards and must meet the following minimum requirements:
o Be no more than 400 gross square feet.
o Be built on a permanent chassis and anchored to pin foundations with
engineered fasteners.
o Have exterior material compatible in composition, appearance, and durability to
materials used in standard residential construction.
o Meet minimum framing standards and insulation ratings for doors and windows
and include a dry, compostable, or plumbed toilet meeting Minnesota Pollution
Control Agency rules.
o Include smoke and carbon monoxide detectors and comply with municipal
setback requirements if established by ordinance or be set back on all sides by at
least 10 feet if no ordinance exists.
Planning Commission - October 18, 2023
Page 11
o Have access to water and electric utilities either by connecting the units to the
principal building or by providing access to permanent common kitchen facilities
and common facilities for toilet, bathing, and laundry consistent with boarding
house requirements under Minnesota Rules, part 1305.2902.
Minimum Standards for Settlements
In addition to the requirements for individual units, the law establishes minimum standards for
the religious institution’s operation of the settlement itself, which will be important to
reference if a city choses to permit settlements and units via a conditional use permit to ensure
compliance.
Minimum standards for settlements include:
Appropriate level of insurance and have between one-third and 40% of the micro units
occupied by designated volunteers.
Adherence to all laws governing landlord and tenants under Minnesota Statutes Chapter
504B.
A written plan provided to the city in which the settlement is approved by the religious
institution’s governing board that includes:
Plans for disposal of water and sewage if not plumped and septic tank drainage if
plumped units are not connected to the primary worship location’s system.
Adequate parking, lighting, and access to units by emergency vehicles.
Protocols for security and addressing conduct within the settlement as well as safety
protocols for severe weather.
Authorization by a municipality as either a permitted use or conditional use without the
application of additional standards not included in the bill.
All Residential Rental
Licensed Parcels
Single Family Zoned Parcels
with Rental Licenses
(highlighted in Black)
54 parcels total
ORDINANCE 2023-07
1
CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE,
BY AMENDING SECTIONS 150.124 AND 152.008 RELATING TO
LICENSING PROHIBITION FOR SHORT-TERM RENTAL UNITS
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1. Section §152.008 DEFINITIONS is hereby amended to add the following:
RESIDENCE OR RESIDENTIAL USE: A dwelling unit that is intended for
occupancy for no less than 30 days, whether owned or rented.
SHORT-TERM RENTAL UNIT: A form of transient occupancy, similar to motels
or other such uses, in a residential zoning district for which occupancy of a
residential building, room, or suite of rooms is offered, rented, or used, for periods
of less than 30 consecutive days.
Section 2. Section §150.124 DEFINTIONS is hereby amended to add the following:
RESIDENCE OR RESIDENTIAL USE: A dwelling unit that is intended for
occupancy for no less than 30 days, whether owned or rented.
SHORT-TERM RENTAL UNIT: A form of transient occupancy, similar to motels
or other such uses, in a residential zoning district for which occupancy of a
residential building, room, or suite of rooms is offered, rented, or used, for
periods of less than 30 consecutive days.
Section 3. Section §150.127 LICENSE REQUIRED is hereby amended read as follows:
It is unlawful to operate a rental dwelling in the city without first having obtained
a license from the city. An owner must obtain a license for each rental dwelling. If
the rental dwelling contains 2 or more units, and has a common owner and a
common property identification number, the owner may obtain a single license for
the rental dwelling. No rental license shall be issued for any building, room, or
suite of rooms in a residential district for any “Short-term rental”.
Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering process,
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ORDINANCE 2023-07
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provided that such changes retain the purpose and intent of the Zoning Ordinance
as has been adopted.
Section 5. This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and any related map shall be posted on the City website after publication. Copies
of the complete Ordinance and map are available online and at St. Anthony
City Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this ____ day of ______, 2023.
__________________________________
Randy Stille, Mayor
ATTEST:
___________________________________
Nicole Miller, City Clerk
AYES:
NAYS:
NOTICE OF A PUBLIC HEARING
October 17, 2023, 7:00 p.m.
City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418
Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public
hearing to solicit public response to the following City Code text amendments: Sections §150 regarding
Buildings, Housing and Construction as it relates to Single Family Rental Housing and Short-Term Single
Family Rentals (AirBnB, VRBO, etc.) , and section §152 regarding Zoning. Other Chapters may be
included as a part of these amendments to ensure that the ordinances keep or correct internal
references as needed. These amendments have been proposed by the City of St. Anthony Village,
which is the applicant.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com.
Ways to Comment:
Online
Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom
can be found at https://www.savmn.com/Calendar.aspx?EID=1838
In Person
The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver
Lake Road, in the Council Chambers at 7:00 p.m.
Written
Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony
Village, Minnesota 55418 until the date of the public hearing.
Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing.
Questions?
Questions may be directed to the City Planner at 763-957-1100.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on November 14, 2023 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner
ORDINANCE 2023-08
1
CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING
SECTIONS 150.124, 150.127, AND 152.008 RELATING TO RENTAL LICENSING
LIMITS FOR SINGLE FAMILY DETACHED DWELLINGS
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1. Section §152.008 DEFINITIONS is hereby amended to add the following:
BLOCK: A block is a tract of land bounded on all sides by streets or by a
combination of streets, public parks, railroad rights-of-way, or other permanent
boundaries.
Section 2. Section §150.124 DEFINTIONS is hereby amended to add the following:
BLOCK: A block is a tract of land bounded on all sides by streets or by a
combination of streets, public parks, railroad rights-of-way, or other permanent
boundaries.
Section 3. Section §150.127 LICENSE REQUIRED is hereby amended to add the
following:
(A) Single Family Detached Licenses
(1) No more than 54 single family detached units may be licensed as rental
properties within the City at any time.
(2) No licensee shall be issued license(s) for more than four (4) single family
detached units as rental properties within the City at any time.
(3) No more than two (2) licenses shall be issued for the same side of a street
within a single block, nor shall more than three (3) licenses be issued for
any single block in total.
(4) No license shall be issued for more than two (2) contiguous parcels.
(5) For the purposes of this Section, the City is divided into quadrants, being
northwest of Silver Lake Road and 33rd Street NE, northeast of Silver
Lake Road and 33rd Street NE, southwest of Silver Lake Road and 33rd
Street NE, and southeast of Silver Lake Road and 33rd Street NE. Within
these quadrants, no more than twenty (20) individual single family
detached units shall be granted rental licenses.
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ORDINANCE 2023-08
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Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering process,
provided that such changes retain the purpose and intent of the Zoning Ordinance
as has been adopted.
Section 5. This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and any related map shall be posted on the City website after publication. Copies
of the complete Ordinance and map are available online and at St. Anthony
City Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this ____ day of ______, 2023.
__________________________________
Randy Stille, Mayor
ATTEST:
___________________________________
Nicole Miller, City Clerk
AYES:
NAYS:
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ORDINANCE 2023-09
1
CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE,
BY AMENDING SECTIONS 152.008 AND 152.176 RELATING TO
THE ESTABLISHMENT OF SACRED SETTLEMENTS
BY CONDITIONAL USE PERMIT
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1. Section §152.008 DEFINITIONS is hereby amended to add the following:
SACRED SETTLEMENT: A collection of micro-units established and operated
pursuant to the requirements of MN Stat. 320.30 as may be amended, and subject
to the applicable requirements of this Ordinance.
Section 2. Section §152.176 ACCESSORY BUILDINGS is hereby amended to add the
following:
(J) Sacred Settlements. Sacred Settlements shall be allowed as an accessory use
to religious institutional uses by Conditional Use Permit and subject to the
procedural requirements of this Chapter. The use shall be conditioned on the
following elements:
(1) The proposed settlement meets all conditions and requirements of MN
Stat. Section 320.30 as may be amended from time to time.
(2) Settlements established under this provision shall only be allowed on the
property of the principal sponsoring faith community, and shall be an
accessory use, not the principal use of the property.
(3) Setbacks for the micro-units are equal to the required setback of that of the
zoning district on the adjoining parcel or the setback requirements of the
district in which the settlement is located, whichever is greater.
(4) Where such uses are located adjacent to any single family residential use,
a landscape buffer providing reasonable screening between such uses is
provided.
(5) Where such uses are located adjacent to any Business or Industrial
property, a landscape buffer and a solid maintenance-free fence shall be
provided to both screen the uses and provide a physical separation.
(6) Access to the micro-units in a community created under this provision
shall be only through the internal private access of the sponsoring faith
community, and not through other properties nor directly to the public
street.
(7) Parking supplies for the property shall be adequate to serve both the
residential use established under this provision, and for all other principal
uses of the property, including the primary religious institutional use. As
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ORDINANCE 2023-09
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the residential use is a round-the-clock use of the property, each unit shall
be afforded one parking space in addition to the other parking
requirements of the site use.
(8) Other requirements of the City as deemed necessary to ensure health and
safety of the proposed community, and compatibility with the
neighborhood in which the use is located.
Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering process,
provided that such changes retain the purpose and intent of the Zoning Ordinance
as has been adopted.
Section 4. This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and any related map shall be posted on the City website after publication. Copies
of the complete Ordinance and map are available online and at St. Anthony
City Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this ____ day of ______, 2023.
__________________________________
Randy Stille, Mayor
ATTEST:
___________________________________
Nicole Miller, City Clerk
AYES:
NAYS:
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