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HomeMy WebLinkAbout2016.08.11 PC PacketAGENDA HUGO PLANNING COMNUSSION THURSD.-A,Y, .AUGUST 11, 2016 HUGO CITY HALL 7:00 p.m. A. ROLL CALL (Arcand, Kleissler, Knauss, Lessard, McRoberts, Patzner, Rosenquist) B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES 1. July 14, 2016 D. PUBLIC HEARING 1. Daryl Bolicek — Interim Use Permit Application for a Beer Brewing Home Occupation 2. Temporary Family Health Care Dwelling Ordinance E. NEW BUSINESS F. OLD BUSINESS G. ADJOURNMENT If you need accommodations for the Planning Commission meeting please contact Rachel Juba at (651) 762-6304 or r'uba a ci.hu o.mn.us, thank you. Minutes for the Planning Commission Meeting of Thursday, July 14, 2016 Chair, Kleissler called the meeting to order at 7:03 p.m. PRESENT: Arcand, Kleissler, Knauss, McRoberts, Patzner, Rosenquist ABSENT: Lessard STAFF: Rachel Juba, Planner Rachel Leitz, Community Development Assistant Approval of Minutes for the Planning Commission Meeting of June 23, 2016 Commissioner Knauss made a motion, seconded by Commissioner Rosenquist, to approve minutes for the meeting of June 23, 2016. All Ayes. Motion carried. Discussion on Te_mporar_y Health Care Dwellings Leitz presented on the temporary family health care dwelling ordinance. She stated that in May 2016, the Governor signed a bill into law that allows landowners with existing residences to place a temporary dwelling on their property to provide short term care for a relative with mental or physical impairments. Leitz described the requirements the dwelling must meet and the application process for residents that would be interested in this use. She stated that the law requires cities to follow and implement the new ordinance beginning September 1, 2016 and it would take a considerable amount of staff time to prepare to accept applications, as the approval process varies from the normal process. Leitz also stated that it was in staffs opinion that tracking and monitoring permits, once approved, would also take a considerable amount of time and although a permit has expired, that may not mean the health care issue has also expired. Leitz stated that Cities may opt out of the law by passing an ordinance, which requires a public hearing through the Planning Commission and approval by the City Council. Leitz concluded by saying that staff recommends that the Planning Commission discuss the temporary family health care dwelling ordinance and provide staff with comments. Because the new law alters the City's level of zoning authority and the structures have the potential to change the character of the area, staff recommends opting out of the temporary family health care dwelling ordinance. The Planning Commission agreed that these structures, if allowed in all zoning districts, would change the character of many neighborhoods. They believed the 15 day review period was too short to ensure these structures were reviewed adequately. They stated that a healthcare issue will probably not be resolved in a 6-12 month period, which is the expiration of a permit. The Planning Commission believed that the City can accommodate residents on a case by case basis and accomplish the law's intent through ordinances the City already has performance standards for. Commissioner McRoberts made a motion, Commissioner Rosenquist seconded, to recommend opting out of the temporary family healthcare dwelling ordinance with a provision that the Planning Commission review the current ordinances that are similar to the intent of the temporary family healthcare dwelling ordinance and make revisions, if necessary. All Ayes, motion carried. Planning Commission July 14, 2016 Page 2 Adjournment Commissioner McRoberts made a motion, Commissioner Rosenquist seconded, to adjourn at 7:26 p.m. All Ayes. Motion carried. Respectfully Submitted, Rachel Leitz, Community Development Assistant Agenda Number �� CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Planning Commission FROM: Rachel Leitz, Community Development Assistant SUBJECT: Daryl Bolieek. Interim Use Permit for a Brewing Operation Home Occupation DATE: August 3, 2016 for the Planning Commission Meeting of August 11, 2016 ZONING: Agricultural (AG) LAND USE: Agricultural (AG) REVIEW DEADLINE: October 25, 2016 (Extended) 1. DESCRIPTION OF REQUEST: The applicant is requesting approval of an interim use permit for a home occupation for a brewing operation at the property located at 9480140t" Street North. The property is 40 acres and is located in the Agricultural zoning district. 2. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying an Interim Use Permit use permit is limited to whether or not the permit meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the interim use permit. 3. BACKGROUND: In the Spring of 2016, staff began a discussion with the applicant in regards to operating a beer brewing process on his property located at 9480 140t11 Street North. The applicant has described his business as a start-up, but wants to plan for future growth, and therefore is asking for flexibility on some of the general home occupation standards. This is permitted since the applicant resides within the rural area of the City. The applicant has stated that he would like to use all of both accessory buildings on the site. The business would be operating out of a 3,750 sq. ft. accessory building (building A) and a 1,250 sq. ft. accessory building (building B). The applicant has stated that building A will be used for office Bolicek IUP Page 2 work and the production of beer and would house all equipment needed for the brewing process. Building B will be used for cold storage and the staging of kegs for distribution. The applicant is the owner of the business, resides on the premises, and currently has one employee. This employee, the Head Brewer, presently lives at the residence as well. This employee brews beer and manages brewing operations. The applicant has stated that he would like to add two more employees as the business grows, which could be within two years. The second employee, the Brewer's Hand, would assist the Head Brewer in the production of beer. The third employee, the Sales Director, would organize the finished products, perform data entry, manage customer accounts, and carry out sales calls and deliveries. In total, there may be up to four business employees (including the owner) on site during business hours. These employees will be making daily trips to and from the applicant's property. The applicant has stated that he would need a maximum of six trips per day, his Head Brewer two trips per day, the Brewer's Hand two trips per day, and the Sales Director four trips per day. The applicant is asking for, in total, 14 trips per day with one added trip per week for grain and hop delivery. The count of these trips were calculated solely based on business related activities. The applicant currently has a conditional use permit for a driveway that crosses a vacant piece of land owned by another resident. The large lots within this area and land fragmented by wetlands, the applicant's home and accessory buildings are screened from view from adjacent properties and the road. The applicant currently stores two pick-up trucks, which are both personal and business vehicles, within the home's garage. The applicant described purchasing a refrigerated truck and a delivery van as the business grows in the next two years. The applicant has stated that the delivery van will go home with the Sales Director, while the refrigerated truck will be parked outside of building B. The ordinance states that business hours shall be 7:00 a.m. — 9:00 p.m., Monday through Saturday and 8:00 a.m. — 8:00 p.m. on Sundays. The applicant has stated that he will be operating the business within these time standards set by ordinance. The applicant has also stated that there will be no noise produced from the brewing operation and that there may be a light odor produced from the brewing process, which generally lasts one hour, and will be done three times per week. 4. ANALYSIS: The zoning code outlines a number of general standards for the operation, of home occupations. If a home occupation complies with the standards, a permit is not required. Home Occupations that do not meet the general standards may be approved in some cases with an interim use permit. In rural areas of the city, there is more flexibility for approval of certain home occupations because they are less likely to negatively impact adjacent property owners and impact the character of the neighborhood than in the urban residential areas of the City. A rural home occupation may be granted in areas within the Agricultural, Long Term Agricultural, Future Urban Service, and Rural Residential zoning districts or within any urban zoning district on property greater than 10 acres in size. With an interim use permit, the applicant may request exceptions to several of the general standards. In this case the applicant is requesting exceptions to three of the general performance standards as described below: 2 Bolicek IUP Page 3 (3) All home occupations shall be conducted entirely within the principal dwelling, except that up to 50 percent of the total floor area of accessory structures (e.g., attached garages, detached garages, and other outbuildings) on a site may be used for the storage of equipment, trailers, or materials related to the home occupation, provided that no assembly, display, manufacturing, repair, or other business operations are conducted within an accessory structure. In no event shall the storage of materials related to a home occupation result in fewer parking spaces than required by this code. The applicant is proposing to use 100% of both accessory buildings on site. Staff feels comfortable with this request because all business operations are proposed to be conducted within building A, while building B will solely be utilized for storage of the finished product. The operations that would be occurring inside of building A are not plainly evident to adjacent property owners, and staff is not opposed to the entire building being used for the home occupation. (7) No home occupations shall generate on average more than eight vehicle trips per day, including no more than one delivery vehicle of a type that customarily serves a residential area. Vehicle trips related to the home occupation from customers and clients should generally be by appointment only. The applicant is proposing flexibility to this standard because the number of average vehicle trips exceeds the general ordinance standard. The applicant has indicated that for the first year of his business, there will only be two employees, which will yield a maximum number of trips of eight per day. The applicant stated that as the business grows and two more employees are hired, the maximum number of vehicle trips would be fourteen per day. In addition, there will be grain and hop deliveries made once per week. Since there are such few homes along 140t11 Street, staff does not believe this number of trips would negatively affect the residents and future residents along 140t1' Street. (12) No more than one person, other than those who reside on the premises, shall engage in business activities on the premises. The business may employ others only if their work activities are performed off the premises. The applicant is proposing flexibility to this standard because as the business grows, the applicant expects to hire more employees. The infrastructure for the brewing process would already be established at the applicant's home, therefore, employees would need to report to the site for business activities. Because of the nature of the rural area and this property, staff believes the business activities conducted on site would generally not be noticed by neighboring residents and having more than one employee on site is reasonable. 5. CRITERIA FOR APPROVAL OF A HOME OCCUPATION INTERIM USE PERMIT: An application for a home occupation interim use permit may only be granted upon a finding that all the following criteria have been met: 41 Bolicek IUP Page 4 (A) The applicant owns the property and resides at the principle residential address associated with the home occupation unless the Council determines that unique conditions or circumstances warrant special arrangements. The applicant owns the property and resides at the principle residential address associated with the home occupation. (B) The proposed home occupation is allowed as an accessory use in the respective zoning district and conforms to the zoning ordinance. A home occupation is allowed as an accessory use in the Agricultural (AG) zoning district. (C) The proposed home occupation is in keeping with the spirit and intent of the zoning ordinance. The spirit and intent of the ordinance is to allow for the operation of home occupations, as long as the operation of the occupation is not evident to surrounding property owners. Because the applicant's home and both accessory buildings are screened from view from any neighboring properties and from the road, it is staffs opinion that the proposed business is keeping with the spirit and intent of the ordinance. (D) The proposed home occupation is compatible with the present character of the surrounding area. This area is characterized as a rural residential setting with houses spaced apart on large parcels of land. Many of these parcels also have accessory structures on site. Since business operations will be housed within accessory structures on the applicant's property, it is in staff s opinion that the home occupation is less likely to negatively impact the character of the area. (E) The proposed home occupation shall have a set date in which the permit shall be reviewed and extended through the renewal process or terminated. The interim use permit shall be reviewed in one year and shall expire in two years, September 6, 2018. (F) The home occupation will not impose additional unreasonable costs on the public The home occupation would not impose additional unreasonable cost to the public (G) The proposed home occupation shall be subject to, by agreement with the property owner, any conditions that the City Council deems appropriate for permission of the use. To operate the business on the property the applicant will have to sign the interim use permit and agree to the conditions outlined in the permit. The interim use permit will be reviewed in one year. 4 Bolicek IUP Page 5 6. CONCLUSIONIRECOMMENDATION: In conclusion, staff has discussed the proposed business at length with the applicant. In s� rural residential setting such as this, the operation of a home occupation should be almost unnoticeable to the neighbors. The location of the buildings and the natural features of the site seem to provide enough of a buffer to eliminate disturbance to any adjacent neighbors. The applicant is allowed to ask for flexibility on six of the general standards for home occupations since the proposed home occupation is located in the rural area of the City. The applicant has requested flexibility on three of these standards, which include flexibility on the use of accessory structures, number of vehicle trips, and number of employees. It is in staff opinion that the flexibility requested based on the general standards is reasonable. Staff recommends approval of the home occupation interim use permit application with the conditions listed in the attached resolution. ATTACHMENTS: 1. Site Map 2. Applicant's Narrative (Exhibit A) 2. Site Plan (Exhibit B) 3. Resolution 4. Home Occupation Interim Use Permit 5 1 inch 470 feet Site Map E 9480 140th Street North Site V-1 now" ra - --wx- u f 10 j5Xhibia' Tuesday, June 28, 2016 Cosmos Brewing Narrative Brewing Operations Building "A" Will be used for office work and the production of beer. This building houses: brew house, grist case, grain mill, lenticular beer filter, CIP machine (for cleaning tanks), 2-30BBL fermenters, 4-15BBL fermenters, 1-30BBL Brite tank, 1-15BBL Brite tank, Keg washer /filler, beer ingredients such as yeast, hops, barley, wheat, oats, rice. All brewing operations take place in this building. Building "B" Will be used for cold storage and the staging of kegs for distribution. This building will be kept at 38 degrees year round and house beer in kegs that are ready for sale. After the beer is packaged it will be moved to this building via hand truck or pallet. The distance between the buildings is 20 feet. - Employee #1 - Employee #1 lives at the residence. Their job Title, President. Job description includes managing all operations. 6 vehicle trips per day max. Employee #2 -Employee #2 Lives at residence. Their job title, Head Brewer. Job description includes brewing, managing brewing operations. 2 vehicle trips per day max. - Employee #3 - 8am employee #3 shows up to work inside Building "A". Their job title, Brewer's Hand. Job description includes lifting, moving, organizing, and following the head brewer's instruction in the production of beer. Spm they return home. 2 vehicle trips per day max. - Employee #4 - 8am employee #4 shows up to work inside building "K. Their job title, Sales Director. Job description includes organizing finished product, entering data into computer, managing customer accounts and doing sales calls and deliveries. 4 vehicle trips per day max. - Deliveries - grain and hop deliveries will be made once a week and delivered to Building "A" - Vehicles - There are 2 Cosmos Brewing pick-up trucks that are owned by the residents. These are personal vehicles owned by the owners of Cosmos Brewing and stored in the garage of the house. One Refrigerated truck and one delivery van will be purchased within 1-2 years. The sales/delivery van will go home with the sales director. The refer truck will be parked outside of building "B" - Noise and Oder - Little to no noise will be produced by this brewing operation. A light pleasant oder can be smelled during the boil process of brewing, duration aprox. 1 hour - All of this information is based on the brewery being in full production. This may take 1-2 years to reach. I inch = 100 feet - ��ti�b;� (gip ��� g} .;jN 2 7' 2016 Site Map I i id Alk -A �, w E + RESOLUTION 2016 - APPROVING AN INTERIM USE PERMIT TO ALLOW FOR THE OPERATION OF A HOME OCCUPATION AS AN ACCESSORY USE, ON PROPERTY LOCATED AT 9480140th STREET NORTH WHEREAS, Daryl Bolicek has requested approval of an Interim Use Permit (IUP) to allow for the operation of a home occupation as an accessory use on the property legally described as follows: (See Attached) WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Daryl Bolicek for an Interim Use Permit (IUP) to allow for the operation of a home occupation as an accessory use, subject to the following findings of fact: 1. The applicant owns the property and resides at the address associated with the home occupation. 2. The home occupation is allowed as an accessory use in the agricultural zoning district. 3. The spirit and intent of the ordinance is to allow a way for a property owner to have a home occupation with and interim use permit with conditions to limit the operation of the business. The home occupation shall meet the general performance standards and procedures by which home occupations can be conducted without jeopardizing the health, safety and general welfare of the surrounding properties. The business meets the spirit and intent of the ordinance. 4. The present character of the surrounding area is agricultural. The applicant is requesting flexibility on the use of 100% of both accessory buildings on site, an increase in vehicle trips, and an increase in the number of employees. Because the home occupation is located within the rural area, the applicant may ask for flexibility on these items. The home occupation is compatible with the character of the area. 5. The home occupation will not impose additional unreasonable cost to the public. 6. To operate the business from the property the applicant agrees to sign the interim use permit and agrees to the conditions outlined in the permit. 7. The interim use permit shall be reviewed in one year. Resolution 2016 - Page 2 8. The interim use permit shall expire September 6, 2018. ADOPTED by the City Council this 61 day of September, 2016 Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk DATE OF APPROVAL: APPLICANT/ PROPERTY OWNER: PROPERTY ADDRESS: PROPERTY ID: DURATION: ZONING DISTRICT: INTERIM USE PERMIT September 6, 2016 Daryl BoIicek 9480 140th Street North 24.031.21.32.0001 Expires September 6, 2018 Agricultural (AG) LEGAL DESCRIPTION: See attached THIS INTERIM USE PERMIT ALLOWS FOR THE FOLLOWING: A home occupation for the property located at 9480 1401h Street North subject to the following conditions: 1. The home occupation shall operate in a manner that is consistent with applicant's narrative (Exhibit A) and applicant's site plan (Exhibit B). 2. The home occupation shall be secondary to the residential use of the premises and shall not change the character of the area. 3. The existence of the home occupation shall not be apparent beyond the boundaries of the site. 4. The home occupation shall not permit light, glare, noise, odor, smoke, dust, or vibration that will in any way have an objectionable effect upon adjacent or nearby property owners. 5. No commodities shall be sold on the premises except incidental materials or agricultural products. 6. No on street parking shall be permitted related to the home occupation. 7. There shall be no more than 14 business related vehicle trips per day. In addition, there shall be no more than 1 delivery trip to the property per week. 8. No more than 3 people, other than those who reside on the premises, shall engage in business activities from the premises. There shall be no more than 4 employees in total. 9. Exterior Storage on the site shall be limited to one refrigerated truck. 10. Building B shall only be used for the storage and staging of kegs for distribution. 11. Business hours shall follow ordinance standards: 7:00 a.m. — 9:00 p.m., Monday through Saturday and 8:00 a.m. — 8:00 p.m. on Sundays. 12. The applicant shall receive all required state and federal permits for the brewing operation on site. ADOPTED by the City Council this 6th day of September, 2016. Tom Weidt, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of 2016, before me, a Notary Public, personally appeared Tom Weidt, Mayor of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Torn Weidt, Mayor, acknowledge said instrument to be the free act and deed of said City of Hugo. Notary Public Daryl Bolicek, Owner STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) (Individual Notary) On this day of , 2016, before me, a Notary Public, personally appeared Daryl Bolicek who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY, THE CITY OF HUGO 14569 Fitzgerald Avenue North Hugo, MN 55038 Agenda Number1 CITY OF HUGO. COMMUNITY DEVELOPMENT. DEPARTMENT Memorandum TO: Hugo Planning Commission FROM: Rachel Leitz, Community Development Assistant SUBJECT: Temporary Family Health Care Dwellings DATE: August 3, 2016 for the Planning Commission meeting of August 11, 2016 L PLANNING COMMISSION UPDATE On July 14, 2016 the Planning Commission discussed the temporary family health care dwelling ordinance. The Planning Commission agreed that these structures, if allowed in all zoning districts, would change the character of most neighborhoods. They believed the 15 day review period was too short to ensure these structures were reviewed adequately. They stated that a health care issue will generally not be resolved in a 6-12 month period, which is the expiration of a permit. The Planning Commission believed that the City can accommodate residents on a case by case basis and accomplish the intent of this law through ordinances the City already has performance standards for. The Planning Commission recommended opting out of the temporary family health care dwelling ordinance with a request that the Planning Commission review the current ordinances that are similar to the intent of the temporary family healthcare dwelling ordinance and make revisions, if necessary. 2. CITY COUNCIL UPDATE On July 18, 2016 the Council discussed the temporary family health care dwelling ordinance. They talked over other methods available to residents who were experiencing health situations, and generally felt zoning issues are best controlled at a local level. They believed that the City has the ability to provide housing for those that are dealing with this type of situation and need. The Council agreed the City has carefully crafted neighborhoods and permitting these types of dwellings would be out of character with many neighborhoods in Hugo. The Council recommended that staff move forward with the process to opt out of the ordinance to provide temporary family health care dwellings. 3. BACKGROUND: On May 12, 2016, Governor Dayton signed, into law, a bill creating a process for Iandowners to place a temporary residential dwelling on their property to serve as a family health care dwelling. Page 2 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. 4. TEMPORARY HEALTH CARE DWELLING: The law requires cities to follow and implement the new temporary family health care dwelling law beginning September 1, 2016. Cities will need to be prepared to accept applications and must be ready to process the permits in accordance with the 15 -day timeline required by the law. Cities may opt out of the new law. The new law alters a City's level of zoning authority for these types of structures, especially with provisions where accessory structure or recreational vehicle ordinances do not apply. City's ordinances are made to preserve a neighborhood's character. This new law would allow this type of structure in all zoning districts, even those that would not allow them. Other considerations should be the permitting process and enforcement after the permit period has expired. As stated before, a new permitting process will have to be considered, as these requirements differ from standard application review requirements. This will take a considerable amount of staff time, which all needs to be completed before September 1, 2016. If the City were to move forward with this process, there would need to be staff time devoted to tracking approved permits and approving renewals at the six month mark. Once a one year period has expired, staff would then need to begin a monitoring process to ensure the temporary health care dwelling was removed from the property. Staff believes this process may be difficult because even though a permit may expire, a healthcare issue generally does not and there may be an unfavorable response from permit holders. Cities that wish to opt out of this law must pass an ordinance to do so, which requires a public hearing through the Planning Commission and an approval of the ordinance by the City Council. 5. ACCESSORY APARTMENTS / ACCESSORY DWELLING UNITS: The City does allow structures that meet the intent of the temporary family health care dwelling law. Accessory apartments are allowed in the Long Term Agricultural, Agricultural, Rural Residential, Central Residential, Central Business, and Future Urban Service zoning districts via a conditional use permit. Accessory apartments are defined as "a room or suite of rooms, including sleeping facilities, dedicated for the use of persons living separately from others in the building." The City also allows accessory dwelling units in the Long Term Agricultural, Agricultural, Rural Residential, and Future Urban Service zoning districts. The purpose and intent of the ordinance is to provide supplemental, but separate living quarters to the primary residence. The 2 Page 3 supplemental living quarters are intended to provide separate living space with separate cooking and plumbing facilities for an individual that is receiving care from or providing care or service to residents living in the primary residence. A housekeeper, nanny, elderly relative, care provider, guests or employee of a home occupation or farm are examples of individuals that may reside in the accessory dwelling unit. The ordinance is not intended to provide a second dwelling unit on the property for a second family or for rental purposes. 6. CONCLUSION/RECOMMENDATION: The law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances via a building permit. Staff recommends that the Planning Commission open the public hearing for resident comments and provide a recommendation to the Council. Because the new law alters the City's level of zoning authority and the structures have the potential to change the character of the area, staff recommends opting out of the temporary family health care dwelling ordinance. Attachments: 1 MN State Statute, Chapter 111, Section 3 (462.3593). 2. City of Hugo Accessory Apartment Ordinance 3. City of Hugo Accessory Dwelling Unit Ordinance 4. Opt -Out of Minnesota Statutes Ordinance 3 Chapter 111 - Minnesota Session Laws https://www.revisormn,gov/laws/?yeat=2016&type=0&doctype=Cha... Subd. 7. Fee. Unless otherwise specified by an action of the county board. the county mgy charge a fee of up to $100 for the initial permit and u to $50_ for a renewal of the permit. Subd. S. No public hearing required; application of section 15.99. a Due to the time -sensitive nature of issuing a tempor , dwelling permit for a temporary family health care dwelling, the county does not have to hold a public hearing on the application. (b) The procedures goveminiz, the time limit for deciding an application for the tglnpgM dwelling permit under this section are govemed by section 15.99.exc t as provided in this section. The county has 15 days to issue a hermit requested under this section or to deny it, except that if the counly coup,board holds regidar meetings only once per calendar month the county has 30 days to issue a permit requested under this section or to deny it. If the county receives a written rgguest that does not contain all required information, the applicable 15 -day or 30 -day limit starts over only if the county sends written notice within five business days of receipt of the request telling the requester what information is missing. The county cannot extend the period of time to decide. Subd. 9. Opt -out. A county may b, resolution opt -out of the requirements of this section. Sec 3.1462.35931 TEMPORARY FAMILY HEALTH CARE, DWELLINGS. Subdivision 1. Definitions. (a) For p oses ,of this section, the following terms have the meanings Lgiven. Lb, "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physicallyipaired 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_ (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impairedperson" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a phh, sician assistant, or an advanced practice registered nurse licensed toraotice in this state. (e) 'Relative" means a spouse, parent, grandparent, child, grandchild, sibling,, uncle, aunt,_nohew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (_) "Temporary_ family health care dwelling" means a mobile residential dwelling providing an environment facilitating 'giver'srn ovision of care for a mentally or physically impaired person that meets the requirements of subdivision 2 Subd. 2. Temporary ifamily, health care dwelling. A temporary family health care dwelling must: (i) be primarily assembled at a location other than its site of installation-, (2) be no more than 300 gross square feet, (3)not be. attached to a permanent foundation, (4) be universally designed ei and meet state -recognized accessibility standards: (5) provide access to water and electric utilities either by connecting_ to the utilities that are serving the principal dwelling on the lot or by_,other comparable means: (6) have exterior materials that are compatible in composition. appearance, and Chapter 111 - Minnesota Session Laws https://www.revisor.mn.gov/laws/?year=2016&type=O&doctype=Cha... durabiWY to the exterior materials used in standard residential construction' 7 have a minimum insulation rating of R-15• (8) be able to be installed, removed, and transported by a one-tonip•ckup truck as defined in section 168.002, subdivision 21b— a truck as defined in section 168.002, subdivision 37,or a truck tractor as defined in section 168.002, subdivision 38: (9) be built to either Minnesota Rules, chapter 1360 or 1361. and contain an Industrialized Buildings Commission sea] and data plate or to American National Standards Institute Code 119.2• and (10) be equipped with awith a backflow check valve. Subd. 3. Temporary dwelling permit; apalication. (a) Unless the municipality has desi ated tmpomry family health care dwellings as permitted uses a teen or family health care dwelling is subject to the provisions in this section. A tem or famil health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage, (h) The caregiver or relative must aply for a temporary dwelling permit from the municipality.. The permit application must be signed by the primary caregiver, the owner of the p=erty on which the tem or= family health care dwelling will be located and the resident of the property_if the_property owner does not reside on the property and include: (1) the name, address, and telephone number of the Rrpggy caner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or hsicall impaired person; and the name of the mentallyor physically impaired person who will live in the temporaa family health care dwelling: (2) proof of the provider network from which the mentally or physically. impaired person mu receive respite care primary care, or remote patient monitoring services, 3 a written certification that the mentally or Rbysically impaired person r uires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state-, 4 an executed contract for se tic service management or other Droof of adequate septic service management; (5) an affidavit that the applicant has provided notice to ad Ii property owners and residents of the application for the temporary dwelling_ permit, and 6 a general site ma to show the location of the t=OENY family health care dwelling and other structures on the lot. c The =Qraxy family health care dwelling must be located on Prop where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback rgquirements that goly to the pELmgy structure and with an maximum floor area ratio limitations that may appl to o the primary structure. The tmpqLaU family health care dwelling must be located on the lot so that sqptic services and emergency vehicles can gain access to the Lempg y family health care dwelling in a safe and timely manner. (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application Only one tem�orar family ealth care dwelling is allowed on a lot, (e) Unless otherwise provided, a 1"m oggary family health care dwellingin under this section must comR]y coin]with all a licable state law, local ordinances and charter Chapter 111 -Minnesota Session haws https://www.revisorrnn.gov/laws/'year-2016&type=0&doctype=Cha... provisions. Subd. 4. Initial permit term: renewal. The initial tMpqEW dwellin perrnit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The municipajijy ma re uire that the permit holder plogyide evidence of compliance with this section as Ion g_as the temporaa family health care dwelling remains on the property. The municipalilymay insert the temporary family healthcare dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The anicip—alily mU revoke the jempgLaV dwelling permit if the permit holder violates any EgQuirement of this section. If the municipality revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless otherwise provided b, ordinance, the municipality max charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit, Subd. 8. No public hearing required: application of section 15.99. Via) Due to the time -sensitive nature of issuing „a te=oraxy dwelling permit for a temporary family health care dwelling, the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, excel provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city_ has 30 dans to issue a permit requested under this section or to deny it If the municipality receives a written request that does not contain all required information, the applicable 15 -day or 30 -day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide Subd. 9. Opt -out A municipality may by ordinance opt -out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective S tember 1 2016 and a lies to temporary dwellingpermit applications made under this act on or after that date Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. Copyright n 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved. -r c Hugo, MN Code of Ordinances Sec. 90-203. - Accessory apartments, Page 1 of 1 (a) It is unlawful for any person to construct, lease, or let out an accessory apartment except in conformance with the requirements of this section. (b) Performance Standards. (1) Accessory apartments must comply with the city building code and the rules of the county health department. (2) The structure in which an accessory apartment is located must be owner -occupied. (3) No separate driveway or curb cut shall be allowed for the accessory unit. (4) There shall be no more than one accessory apartment within any single-family structure. (5) The accessory apartment may not be located in or above a garage or other accessory building except in the agricultural zoning district. (6) The accessory apartment must contain its own toilet, bathtub or shower, and kitchen facilities. (7) The accessory apartment must not require a variance to any building setback, height, or maximum impervious surface standard established in this chapter. (c) At the time a building permit is issued for an accessory apartment, the applicant for the permit shall pay the city parkland dedication fee in accordance with section 90-324, if such fee has not already been paid for the dwelling unit being created. Parkland dedication fees are not required for accessory apartments located in the agricultural and long-term agricultural zoning districts. (Prior Code, § 1195-020.1) about:blank 8/3/2016 Hugo, MN Code of Ordinances Sec. 90-277. - Accessory dwelling unit. Page 1 of 1 (a) It shall be unlawful for any person to constructor maintain an accessory dwelling unit in the city, except in conformance with this chapter. (b) Purpose and intent. The purpose and intent of the ordinance [from which this section derives] is to provide supplemental, but separate living quarters to the primary residence. The supplemental living quarters are intended to provide separate living space with separate cooking and plumbing facilities for an individual that is receiving care from or providing care or service to residents living in the primary residence. A housekeeper, nanny, elderly relative, care provider, guests or employee of a home occupation or farm are examples of individuals that may reside in the accessory dwelling unit. The ordinance [from which this section derives] is not intended to provide a second dwelling unit on the property for a second family or for rental purposes. (c) Requirements. All accessory dwelling units shall meet the following: (1) Accessory dwelling units shall only be allowed as part of a detached garage and shall meet all requirements under chapter 90, section 90-204, Accessory buildings. The accessory building shall continue to function as a detached garage. (2) Accessory dwelling units shall meet all zoning district and building code requirements. (3) No more than one accessory dwelling unit shall be allowed on a parcel. (4) No more than one bedroom and one bathroom shall be allowed. (5) Welland septic systems shall be evaluated and approved by Washington County for an accessory dwelling unit. (6) The accessory dwelling unit shall not be considered as a second dwelling unit on the property and shall not be used for the purpose of providing rental income for the property owner. The occupant of the accessory unit shall have a family or business relationship to residents within the primary residence requiring that care or service be provided. (Ord. No. 2011 -459, § 1, 10-3-2011) about:blank 8/3/2016 ORDINANCE 2016 - AN ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 90, ARTICLE II, ADMINISTRATION AND ENFORCEMENT WHEREAS, on May 12, 2016 Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minn. Stat. 462.3593 allows cities to "opt out" of those regulations; CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 90, Article 1I, Administration and Enforcement by adding the following section: See. 90-48 Opt -Out of Minnesota Statutes (a) Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Hugo opts -out of the requirements of Minnesota Statutes, Section 462.3593. SECTION 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. SECTION 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council this 15"' day of August, 2016. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk