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Initiating an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 2 regulating “temporary family healthcare dwellings” pending the effective date of a separate ordinance regulating the same subject to be adopted in compliance with City Charter § 6.05.
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WHEREAS, the City’s zoning ordinances, adopted pursuant to powers delegated under the Municipal Planning Act (Minn. Stat. §§ 462.351 - .365), contain various land use classifications including several classifications for residential land uses found in Leg. Code §§ 65.111 - .191; and
WHEREAS, effective as of September 1, 2016, the Minnesota Legislature, in 2016 Minn. Laws chap. 111, sec. 3, enacted new legislation, to be codified as Minn. Stat. § 462.3593, which creates a new residential land use defined therein as a “temporary family healthcare dwelling” which municipalities must regulate as a permitted use under their municipal zoning codes or as provided under the new state legislation; and
WHEREAS, 2016 Minn. Laws chap. 111, sec. 3 also provides that “[a] municipality may by ordinance opt-out of the requirements of this section” (Minn. Stat. § 462.3593, Subd. 9); and
WHEREAS, the Council finds that because the residential land use classification and the regulatory standards applicable to it were enacted without the benefit of a study and report by the planning commission as is the practice of the City when considering amendments to the zoning code, that a study of temporary family healthcare dwellings be immediately undertaken to determine whether the City should allow temporary family healthcare dwellings as a use permitted and regulated under either the City’s zoning code, the new state legislation or, as the case may be, to “opt out” of permitting and regulating such a land use as provided under 2016 Minn. Laws chap. 111, sec. 3; and
WHEREAS, because 2016 Minn. Laws chap. 111, sec. 3 contains a framework for regulating temporary family healthcare dwellings, the Council, in t...
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