City Council Meeting Date: August 16, 2016
To: Mayor and City Council
City Administrator
From: Scott Tempel, City Planner
Chris Heineman, Community Planning and Development Director
TITLE
Opt Out of Temporary Health Care Dwellings Legislation Ordinance
BODY
Action Requested:
Staff recommends approval of the second reading of an ordinance opting out of the requirements of Minnesota Statute, Section 462.3593.
Summary Report:
On May 12, 2016, Governor Dayton signed into law a bill passed during the 2016 legislative session requiring cities to allow temporary family health care dwellings, unless a municipality 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.
This legislation requires cities to allow temporary family health care dwellings for anyone needing assistance with two or more "instrumental activities of daily life." These temporary dwellings can be up to 300 square feet in size, not attached to a permanent foundation, and are allowed 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 daily living activities signed by a physician, physician assistant or an advanced practice RN licensed to practice in Minnesota.
* Sanitary sewer and municipal water service standards and maintenance.
* Affidavit that applicant has ...
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