11. PC Staff Report_Temporary Farm Dwelling Ordinance Amendment
Memorandum
To: Scandia Planning Commission Reference: Potential Zoning Ordinance
Amendment – Temporary Farm
Dwellings
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Project No.: 18109.000
From: Evan Monson, Planner Routing:
Date: March 31, 2021, 2021
SUBJECT: Potential ordinance amendment to the current standards for Temporary Farm
Dwellings
MEETING DATE: April 6, 2021
RECAP
At the last Planning Commission meeting, we discussed potential changes to make to the Temporary
Farm Dwelling land use definition and requirements. During the public hearing, we heard comments and
information from the public on what changes could be made to better improve this land use and make it
more applicable for today ’s farmers and agricultural workers. A revised redlined copy of the current
Development Code requirements is included for review, having add ed in the proposed changes
discussed at the last meeting. On the following pages is the text from the M arch staff report for reference.
ACTION REQUESTED
The Planning Commission can review the proposed ordinance amendment, and can recommend the
following:
1. Approval
2. Approval with changes
3. Denial
4. Table the request for further study
PLANNING STAFF RECOMMENDATION
Included with this staff report is a redlined document showing the proposed changes to the Development
Code. Unless additional changes are desired by the Planning Commission, the Planner recommends
approval of the Ordinance amendment, amending the requirements for Temporary Farm Dwel lings.
Temporary Farm Dwellings Staff Report April 6, 2021
Scandia Planning Commission Page 2
BACKGROUND
The Development Code includes the regulations for land use and development in the City of Scandia.
Chapter 2 lists the Zoning Regulations, such as districts, permitted uses, and standards applicable to
permitted uses. The Temporary Farm Dwelling land use i s a use that is currently permitted through an
Interim Use Permit (IUP) in the following zoning districts: Ag riculture District – Core (AG C), Agriculture
Preserve (AP), General Rural (GR), Village Neighborhood (VN), and Rural Commercial (R COMM).
The Temporary Farm Dwelling land use is defined in Chapter 1 of the Development Code as “A
manufactured home located in an agricultural district which is an accessory dwelling unit occupied by
members of the family engaged in farming on the premises and meeting o ther criteria specified in the
Development Code.”. It currently has a number of land use specific standards that must be meet in order
to be permitted.
The Scandia housing market is lacking in options other than single-family dwellings . This can create
issues for those looking to live and work in the City. In the context of this potential amendment, in what
ways can the City better provide options for those working as seasonal, part -time, or full-time farm
workers? In order to continue to guarantee farming operations are a viable profession, and in looking to
meet the vision of the Comprehensive Plan, it may be in the City’s interest to revise the requirements for
this land use.
CURRENT REQUIREMENTS
Page 2 has the current standards for this land use as found in Chapter 2, Section 4.28:
(1) The temporary farm dwelling is an accessory use to the principal dwelling and may only be located
on a farm of at least 75 acres in size.
(2) The property is limited to 1 temporary farm dwelling unit.
(3) The structure is subject to the same zoning dimensional setbacks as the principal dwelling unit. The
structure shall not be located closer to the road right of way than the principal building. The structure
shall be located to the side or rear of the principal building and shall be screened from view of the
road right of way.
(4) The dwelling may be occupied only by persons who are engaged in the occupation of farming on the
premises as partners, employees or other business associates of the persons living in the principal
dwelling house on the premises; and who earn 50% or more of their annual gross income for federal
income tax purposes from such farming on the premises.
(5) The temporary farm dwelling unit shall use the existing road access drive of the principal dwelling
unit.
(6) The unit shall be connected to an approved on-site waste disposal system.
(7) The property owner shall submit a financial guarantee to the Zoning Administrator to ensure that the
structure will be removed upon termination of the interim use permit. The amount of the guarantee
shall be determined by the Zoning Administrator
(8) Termination of Permit. The interim use permit shall expire at such time as the persons occupying
the structure are no longer engaged in farming as required by paragraph (4), above, or the farm has
Temporary Farm Dwellings Staff Report April 6, 2021
Scandia Planning Commission Page 3
been reduced to less than 75 acres in size, or such earlier date as may be determined in the interim
use permit. At the termination of the interim use permit, the temporary farm dwelling shall be
removed from the premises within 30 days.
These requirements serve the purpose of lim iting this type of use to certain areas, and for a certain user.
The City also allows Accessory Dwelling Units or ADUs (Chapter 2, Section 4.2), which would be the
most similar land use. An ADU is permitted in more zoning districts, can be attached or deta ched from the
principal dwelling, and is not limited to just farming workers. An ADU also requires covenants be put in
place to prevent the separate selling of the principal structure and the ADU. A property owner who has an
ADU and farmland could currentl y rent the ADU to a farm worker. Likewise, they could also just rent a
room out of the house to a farm worker as well.
Other communities in Minnesota have similar temporary or accessory housing land uses for farm workers.
A few nearby examples included City of Afton, City of Grant , City of Hugo, and Chisago County . On page
three is a comparison of different requirements compared to Scandia for reference. The cities of Afton
and Grant have requirements written very similar to the current Scandia requirements. The City of Hugo
has the minimum lot size at 20 acres. Given it is a county, Chisago County permits it on any size lot
regardless of whether the principal structure is on it, though it also limits occupation of this temporary
housing to May 1st through November 1st of each year.
Afton Chisago
County
Grant Hugo Scandia
(current)
Minimum size
for farm or
property
75 acres none 75 acres 20 acres 75 acres
Permit Type Administrative
Permit
CUP CUP IUP IUP
Multiple
allowed
No Yes No No No
Only a
Manufactured
Home
Yes No Yes No Yes
Occupant shall
make a
minimum
required
income
amount from
farm work
Yes No Yes No Yes
Limit on days
of occupation
No Yes No No No
Screening
from ROW
No No No No Yes
POTENTIAL CHANGES TO CONSIDER
At the February Planning Commission meeting, a number of items were mentioned that could be
changed, such as: minimum size of property or farm, limitations on who can occupy the dwelling, and
Temporary Farm Dwellings Staff Report April 6, 2021
Scandia Planning Commission Page 4
termination of the permit. Attached with this report is a redlin ed document of the current standards
showing some potential changes; below is a bit of a commentary on things to consider if making such
changes.
Minimum Size
The current requirement limits this to properties that are 75 acres or more. This reduces the nu mber of
potential parcels this could possibly be located on. While not every farm is going to be located on a large
parcel, a minimum lot size can prevent this type of use occurring on small lots that maybe don’t have
ample space for a house, a farm, and a temporary farm dwelling. That doesn’t even include accessory
structures, septic systems, driveways, etc . The current 4.28(3) requirement limits these to the side or rear
of the principal dwelling and does not allow it closer to the ROW than the existing p rincipal dwelling.
Would a 10 acre lot be able to accommodate this, or should that requirement also be revised?
Occupants
Requirement (4) limit this dwelling to certain people who earn 50% or more of their gross income from
farming on the premises. Monitoring of incomes is not a typical zoning issue, and this requirement as
written would likely limit potential occupants to full -time or year-round farm hands. Should a volunteer,
short -term/seasonal employee, or intern/apprentice be restricted from thi s use if they make a certain
amount of money not farm on this property?
The rest of requirement (4) limiting it to partner, employees, or other business associates may be open to
different interpretations. Is someone working for no pay a business associat e? The definition of the use
limits it to just members of the family engaged in farming, which is different than (4).
Permit Requirements
This use is currently permitted through an Interim Use Permit (IUP). Other communities vary on their
permitting. Requirement (7) calls for a financial guarantee to ensure the structure is removed when the
IUP terminates. A monetary guarantee was not a common requirement in other communities, so it may be
good to discuss whether it is necessary. Requirement (8) currently notes the termination of the IUP if
certain actions occur, one of them being the farm becomes smaller than 75 acres in size. It may not be
worth the time for the City to track a farm that changes in sizes from year to year to ensure it meets an
acre threshold.
Definitions – Chapter 1, Section 4.2
(336) Temporary Dwelling, Farm: A manufactured homedwelling, manufactured home, or trailer
certified for living located in an agricultural district which is an accessory dwelling unit occupied
by members of the family those engaged in farming on the premises, and members of their family,
and meeting other criteria specified in the Development Code. This is not a single-family dwelling,
and as such does not need to meet the 20 foot minimum width required of single-family dwellings.
Standards for Uses – Chapter 2, Section 4.0
4.28 Temporary Farm Dwelling. Temporary farmFarm dwellingDwellings shall comply with all of the
following standards.
(1) The Temporary Farm Dwelling is an accessory use to the principal dwelling, and may only be
located on a farm parcel that is:
a. At least 10 acres in size if zoned Village Neighborhood (VN), or 7.5 acres in size in the
Agriculture Core (AG C) and General Rural (GR) zoning districts.
(1)b. A minimum of one (1) acre of the parcel is used as a Farmof at least 75 acres in size.
(2) The propertyA parcel is limited to no more than 1 temporary T emporary farm Farm dwelling
unit Dwelling. A density unit is not attributed to a Temporary Farm Dwelling when calculating
density.
(3) The structure Temporary Farm Dwelling is subject to the same zoning dimensional setbacks as the
principal dwelling unit. The structure Temporary Farm Dwelling shall not be located closer to the
road right of way than the principal building. The structure shall be located to the side or rear of the
principal building, and shall be screened from view of the road right of way.
(4) The dwelling may be occupied only by persons who are engaged in the occupation of farming on the
premises as partners, employees or other business associates of the persons living in the principal
dwelling house on the premises;must meet the definition of a Temporary Farm Dwelling as defined
in Chapter One, Section 4.2(1) of the Development Code and who earn 50% or more of their annual
gross income for federal income tax purposes from such farming on the premises.
(5) The temporary farm dwellingTemporary Farm Dwelling unit shall use the existing road access drive
of the principal dwelling unit.
(6) The unit Temporary Farm Dwelling shall be connected to an approved on-site waste disposal
system.
(7) The property owner shall submit a financial guarantee to the Zoning AdministratorCity to ensure that
the structure will be removed upon termination of the interim use permitInterim Use Permit. The
amount of the guarantee shall be determined by the Zoning Administrator.
(8) Termination of Permit. The interim use permit Interim Use Permit shall expire at such time as the
persons occupying the structure are no longer engaged in farming as required by paragraph (4),
above, or the farm has been reduced to less than 75 acres in sizeceased operation, or such earlier date
as may be determined in the interim use permitInterim Use Permit. At the termination of the interim
use permit Interim Use Permit, the temporary farm dwelling shall be removed from the premises
within 30 days.
Formatted
Commented [EPM1]: Discussed last meeting that in
future we could allow more than one if parcels are a certain
size
Commented [EPM2]: Currently this use is permitted
through an IUP. Could be allowed through a different permit
if desired