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<br /> <br />Request for Action <br /> <br /> <br />To Item Number <br /> <br />Mayor and City Council 4.10 <br />Agenda Section Meeting Date Prepared by <br /> <br />ConsentJuly 18, 2016Zack Carlton, Planning Manager <br />Item Description Reviewed by <br /> <br />City of Elk River Cal Portner, City Administrator <br /> <br /> <br />Authorization to Proceed with Opting out of the <br />Reviewed by <br />Temporary Healthcare Dwelling Law <br /> <br /> <br />Action Requested <br /> <br />Authorize, by motion, staff to begin the formal process of opting out of the temporary healthcare <br />dwelling law. <br /> <br />Background/Discussion <br />In May of this year, the state legislature passed a law creating a new process for property owners to place <br />mobile dwellings on their property to serve as a temporary health care dwelling. The law was passed to <br />provide families with an additional opportunity to house mentally or physically impaired individuals. <br />Cities have the authority to opt-out of the law, via ordinance amendment, if they believe it conflicts with <br />their zoning authority. The law goes into effect on September 1, 2016, unless a city has chosen to opt out <br />via ordinance. <br /> <br />The structures need to comply with the city’s setback and size requirements, and cannot exceed 300 <br />square feet in size. The law also states that the facilities cannot be attached to a permanent foundation, <br />must be largely pre-assembled, must provide access to water, septic, and electrical utilities, and limits the <br />time frame to six months with a one-time six month renewal option. <br /> <br />City staff is recommending that we initially opt out of the state regulation to provide time to fully evaluate <br />the impacts to the city’s residential properties. Initial concerns include enforcement after the timeframe <br />expires, number of accessory structures, type of connection to public services (sewer/water), location <br />limitations, and fees/inspections. If the city chooses to allow these types of facilities in the future, we can <br />opt back in by removing the ordinance prohibiting them. <br /> <br />If authorized to proceed, staff will discuss the ordinance with the Planning Commission on July 26, 2016. <br />The item will then be presented to the Council on August 15, 2016, for formal adoption. <br /> <br />Financial Impact <br /> <br />None <br /> <br />Attachments <br /> <br /> <br /> <br />Temporary Healthcare Dwelling Summary from LMC <br /> <br /> <br />