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5.1 PCSR 07-26-2016
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5.1 PCSR 07-26-2016
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7/21/2016 4:09:38 PM
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City of <br /> El <br /> � Request for Action <br /> River <br /> To Item Number <br /> Planning Commission 5.1 <br /> Agenda Section Meeting Date Prepared by <br /> General Business Jay 26,2016 Zack Carlton,Planning Manager <br /> Item Description Reviewed by <br /> City of Elk River BrieAnna Simon,Planner <br /> • Temporary Healthcare Dwellings Reviewed by <br /> Action Requested <br /> Recommend,by motion,adoption of an ordinance opting-out of the temporary healthcare dwelling law. <br /> Background/Discussion <br /> In May of this year the state legislature passed a law creating a new process,which allowed property <br /> owners to place mobile dwellings on their property to serve as a temporary health care facility.The law <br /> was passed to provide families with an additional opportunity to house mentally or physically impaired <br /> individuals. Cities have the authority to opt-out of the law,via ordinance amendment,if they believe it <br /> conflicts with their zoning authority.The law goes into effect on September 1,2016,unless a city has <br /> chosen to opt out via ordinance. <br /> The law states the structures need to comply with the city's setback and size requirements,while not <br /> exceeding 300 square feet in size. The law also states that the facilities cannot be attached to a permanent <br /> foundation,must be largely pre-assembled,must provide access to water, septic, and electrical utilities, <br /> and limits the time frame to six months with a one-time six month renewal option. <br /> City staff is recommending that we initially opt out of the state regulation in order to provide time to fully <br /> evaluate the impacts to the city's residential properties.Initial concerns include enforcement after the <br /> timeframe expires,number of accessory structures, type of connection to public services (sewer/water), <br /> location limitations,and fees/inspections. If the city chooses to allow these types of facilities in the <br /> future,we can opt back in by removing the ordinance prohibiting them. <br /> Additionally,the city's recent adoption of the Accessory Dwelling Unit (ADU) ordinance provides <br /> opportunities for similar facilities. Staff believes the intent of the law is already provided for in the ADU <br /> ordinance,with the requirement in the new law to connect to city services and comply with all setback <br /> and size requirements. <br /> Financial Impact <br /> None <br /> Attachments <br /> • Temporary Healthcare Dwelling Summary from LMC <br /> IVIIEIEP . � <br /> NAfLREI <br />
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