2016.07.18 CC Packet - Laserfiche WebLink

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Agenda Number T CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT Memorandum TO: Bryan Bear, City Administrator FROM: Rachel Leitz, Community Development Assistant SUBJECT: Temporary Family Health Care Dwellings DATE: July 14, 2016 for the City Council meeting of July 18, 2016 BACKGROUND: On May 12, 2016, Governor Dayton signed, into law, a bill creating a process for landowners to place a temporary residential dwelling on their property to serve as a family health care dwelling. Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property. This affects all properties with existing residences in the City. Per the statute Cities can opt out with adoption of an ordinance or resolution. 2. TEMPORARY HEALTH CARE DWELLING A. Requirements Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licensed to practice in this state." The legislature did not include an age requirement for the mentally or physically impaired dweller. A temporary family health care dwelling must: Primarily be pre -assembled; Cannot exceed 300 gross square feet;