HomeMy WebLinkAbout2016-07-25 PACKET 06.3.
Planning Staff Report
Temporary Health Care Dwellings
Planning Case No. TA2016-053
July 25, 2016
Proposal
The City of Cottage Grove has initiated a zoning text amendment to create an ordinance prohib-
iting temporary family health care dwellings and opting out of the requirements of Minnesota
Statutes, Section 462.3593, which permit and regulate temporary family health care dwellings.
Examples of Temporary Family Heath Care Dwelling
Planning Considerations
Review Period
This application was initiated by the City, so the required 60-day review period is not applicable.
Background
During the spring of 2016, the State Legislature passed a law (Minn. Stat. § 46.3593) requiring
cities to allow “temporary health care dwellings,” which are an accessory dwelling unit (ADU) but
for the purposes of caring for mentally or physically impaired relatives or their caregivers on a
temporary basis. The law also defines family members. An informational packet on the topic
was created by the League of Minnesota Cities (LMC) and is attached for reference.
Planning Staff Report – TA2016-053
Temporary Health Care Dwellings
July 25, 2016
Page 2 of 4
The new law only applies to housing that is used solely to care for a family member who is im-
paired in some way.The law also permits cities to opt out of the law if they do not want to allow
these health care dwellings. The deadline for cities to opt out is September 1, 2016.
Discussion
The Planning Commission is requested to discuss this topic and determine if the City should
permit the temporary health care dwellings or adopt the proposed ordinance approving a zoning
text amendment to prohibit temporary health care dwellings and to clarify that the City of
Cottage Grove is opting out of the requirements of Minnesota Statutes, Section 462.3593
The City Council will hold the public hearing at their August 10, 2016, meeting in order to comply
with the established deadline.
Comprehensive Plan – Future Land Use Designation
The law requires that the temporary family health care must be located on the property in which
the caregiver or relative lives, thus delegating it to land use districts that permit residential uses.
Zoning
The proposed zoning text amendment would prohibit temporary family health care dwellings
within all zoning districts in the City.
Existing Site Conditions
Not applicable with this application.
Setbacks
Not applicable with this application.
Architecture/Construction
Not applicable with this application.
Utilities
Not applicable with this application.
Parking
Not applicable with this application.
Zoning Text Amendment
Ordinance Criteria
See the attached draft ordinance.
Traffic/Access
Not applicable with this application.
Pedestrian Access
Not applicable with this application.
Planning Staff Report – TA2016-053
Temporary Health Care Dwellings
July 25, 2016
Page 3 of 4
Surface Water Management
Not applicable with this application.
Tree Preservation
Not applicable with this application.
Landscaping
Not applicable with this application.
Area Charges
Not applicable with this application.
Park Dedication
Not applicable with this application.
Public Hearing Notices
The public hearing notice was published in the South Washington County Bulletin on July 13,
2016.
Summary
The logistics of regulating temporary family health care dwellings in Cottage Grove was dis-
cussed by the City’s Technical Review Committee and was determined to be burdensome and
not in the best interest of the community as a whole. Some of the identified burdens were nui-
sance issues related to the use, accessibility by Public Safety personnel, and the task of dealing
with and abandonment/removal of the temporary structures.
Findings
The established findings for approving the ordinance prohibiting temporary health care family
dwellings in any zoning district and opting out of the requirements of Minnesota Statutes,
Section 462.3593 are as follows:
1. The logistics of regulating temporary family health care dwellings in Cottage Grove would be
burdensome.
2. The establishment of unmonitored temporary power and utility connections would be
hazardous and dangerous, and could compromise health and safety.
3. The current ordinance prohibits structures in the front of a principle structure on properties
less than five acres.
4. The loss of required on-site parking if units are parked in the driveway.
5. The negative visual impact on adjacent properties.
Planning Staff Report – TA2016-053
Temporary Health Care Dwellings
July 25, 2016
Page 4 of 4
6. Most of the existing residences constructed in Cottage Grove have sufficient square footage
and bedroom space to accommodate temporary family health care within the principal
structure.
7. The potential burden on Public Safety services for unsupervised ailing people within the
temporary health care dwellings.
Recommendation
That the Planning Commission recommend that the City Council adopt an ordinance for the City
of Cottage Grove prohibiting temporary health care family dwellings in any zoning district and
opting out of the requirements of Minnesota Statutes, Section 462.3593
Prepared by:
John M Burbank, AICP
Senior Planner
Attachments:
State Statute Chapter 111—S.F. No. 2555
Draft Ordinance
LMC Information Packet