HomeMy WebLinkAboutItem 03.aCity of Lakeville
Planning Department
Memorandum
To: Mayor and City Council
From: Daryl Morey, Planning Director
Date: June 23, 2016
Subject: June 27, 2016 City Council Work Session
Temporary Family Health Care Dwellings
Background and Analysis
On May 12, 2016 Governor Dayton signed into law a bill passed this legislative session that
requires cities to allow temporary family health care dwellings, unless the City passes an
ordinance before September 1, 2016 opting out of this statute. A temporary health care
dwelling would be occupied by a mentally or physically impaired person on a residential lot
that is owned and/or occupied by a relative or caregiver of the mentally or physically
impaired person occupying the temporary family health care dwelling.
In short, this legislation requires cities to allow temporary family health care dwellings, such
as “drop homes” or “tiny houses”, up to 300 square feet in size and not attached to a
permanent foundation, to be located on a residential lot subject to the setback requirements
for the principal building. The caregiver or relative must apply for a “temporary dwelling
permit”, with an application fee of up to $100. The application must include the following:
• Proof of the provider network from which the mentally or physically impaired person
may receive care.
• Written certification that the mentally or physically impaired person requires
assistance with two or more instrumental activities of daily living signed by a
physician, physician assistant or an advanced practice RN licensed to practice in
Minnesota.
• An executed contract for septic service management.
• An affidavit that the applicant has provided notice to adjacent property owners and
residents.
• A general site map showing the location of the temporary family health care dwelling
and other structures on the lot. Please note that a survey is not required by this statute.
The temporary dwelling permit is valid for six months and may be renewed once for an
additional six months (with a maximum $50 renewal fee). The City only has 15 days to
approve or deny a temporary dwelling permit. Lakeville does not currently have a temporary
dwelling permit application fee established by ordinance.
Only one occupant is allowed in the temporary family health care dwelling and only one
temporary family health care dwelling is allowed on a lot. A temporary family health care
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dwelling, which is similar in nature to a recreational vehicle or a small manufactured home,
could be located on the driveway or in the side or rear yard of a single family lot provided
they meet the setback requirements for the principal building in the zoning district where the
subject property is located.
Staff has the following concerns regarding the temporary family health care dwellings statute:
• The $100 maximum temporary dwelling permit application fee, which is not
established by Lakeville’s current fee ordinance, is not sufficient to cover staff review
of the application, inspections of the site and temporary family health care dwelling,
and monitoring of the temporary dwelling permit.
• The amount of Planning and Building Inspections staff time associated with reviewing
and monitoring temporary family health care dwellings, given current staffing levels.
• The short timeframe of only 15 days to review and approve (or deny) the temporary
dwelling permit application.
• A survey is not required to ensure setback requirements will be met.
• A public hearing is not required to gain neighboring property owner input. In fact,
with only 15 days to process the temporary dwelling permit application, there is
insufficient time to schedule and hold a public hearing.
• The applicant is only required to provide notice to adjacent property owners and
residents and submit an affidavit to the City stating that they have done so. Staff
questions what constitutes an acceptable affidavit and how the applicant would
define adjacent property owners and residents, which may not be interpreted the
same by City staff and which may differ on a case-by-case basis.
• If the City revokes a temporary dwelling permit, the applicant has up to 60 days to
remove the temporary family health care dwelling, which is much longer than typically
allowed for zoning enforcement violations.
• The allowance of a second dwelling unit in neighborhoods zoned for single family
uses.
• There are other options for providing this type of housing in the city (i.e. a room within
the principal building, Lennar’s NextGen type homes which are allowed by
administrative permit in single family zoning districts, multi-family dwellings, and
senior housing facilities).
Unless cities opt out of this legislation, the statute does not allow cities to prohibit temporary
family health care dwellings provided they meet the requirements of the statute.
Staff is requesting the City Council’s direction on this issue. If the City Council decides to opt
out of this statute, the City Attorney will prepare an opt out ordinance, which would amend
the Zoning Ordinance and require the Planning Commission to hold a public hearing on the
amendment.
Attachments:
• State Legislation allowing Temporary Family Health Care Dwellings
• Pictures of Drop Homes