6. Council MemoTempDwellingsCareFacilities 8.16.16
Memorandum
To: Scandia City Council Reference: Temporary Dwelling Units –
Ordinance to Opt Out of the State
Legislation and Scandia
Ordinance Amendments
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16023.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: July 25, 2016
Temporary Dwelling Units—Care Facility: Proposed Opt Out Amendment
The Planning Commission discussed state legislation regarding temporary dwellings to be used
as care facilities at its July meeting, and recommended that the City Council opt out of the state
requirement, since the City provides for this use already in a more flexible way than the state
requirement. The proposed ordinance and public hearing are on the Council agenda for the
August 16.
Temporary Dwelling Units—Care Facilities: Proposed Ordinance Changes. The Commission
asked for an opportunity to review the ordinance requirements for care facilities in light of the
state legislation. The primary issues discussed include:
The state legislation permits the temporary care facility to be occupied by the care
giver(s). The City’s ordinance permits the unit to be occupied by the person receiving
care only.
The state legislation required an administrative permit, with a 15-day approval so that
such units could be approved quickly if needed. The City’s ordinance requires an IUP,
which takes more than 30 days for approval.
The Commission recommended that the City’s Development Code be amended to permit
caregivers as well as persons receiving care to live in the temporary units, and to permit the
temporary care dwelling units with an Administrative Permit rather than a CUP. The
Commission also recommended adopting the State definitions related to these care units as a
part of the Development Code.
Temporary Dwelling Units Page 2 August 16, 2016
Scandia City Council
Temporary Dwelling Units During Construction: Proposed Ordinance Changes
In July, the Planning Commission reviewed an application from Julie Ruddy to use an existing
home as a temporary dwelling unit during construction of a new home on the parcel. The use
required an IUP.
During the review of this application, the Building Inspector noted that most cities do not require
an IUP or CUP for the Temporary Dwelling Unit during construction when the existing home will
be replaced with a new structure—permits are only required when a trailer is used as the
temporary dwelling unit. The Inspector noted that the number of dwellings on the parcel can be
controlled by issuing the occupancy permit for the new structure after the old structure is
removed.
The Planning Commission should discuss and recommended an ordinance amendment to
specify that no permit should be required when the existing home is used as the temporary
dwelling unit.
The Planning Commission will hold public hearings on the proposed ordinance amendments at
their September meeting.
Request for Council Action
The Planning Commission requests that the Council adopt the proposed amendment to opt out
of the state legislation regarding temporary family health care dwelling units.