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8.b7 Redlined Ord No. 2021-03 Temp Farm DwellingsCity Attorney comments on Ordinance No. 2021-03 Temporary Farm Dwellings April 16, 2021 via email: I have a revised version of the Temporary Farm Dwelling ordinance, with comments and proposed additions and subtractions for the Council’s consideration. The first couple comments are just for clarity. The only proposed substantive change I would have related to condition (8). I’m a bit unsure if the intention is that the TFD could remain in place so long as the farm is active (which, potentially, could be indefinite). If that is the intention, please ignore my comments. My thought is the IUP would control, for cleanliness (as written, the City would have to show the first two conditions are not met – if this is considered an annual certification, the IUP would control. Regardless, I would consider including the section authorizing the City to enter and remove the TFD if the owner failed to remove it within 30 days. Please let me know if you have any questions. Chris Nelson Attorney 1809 Northwestern Avenue | Stillwater, MN 55082 Direct: 651-351-2137 | Fax: 651-439-2923 eckberglammers.com ||| Page 1 of 2 CITY OF SCANDIA ORDNANCE NO.: ___ AN ORDINANCE AMENDING THE SCANDIA DEVELOPMENT CODE CHAPTER 1, SECTION 4.2 AND CHAPTER 2, SECTION 4.28, REGARDING TEMPORARY FARM DWELLINGS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter One, Section 4.2, Definitions, shall add the following definition: (336) 337 Temporary Dwelling, Farm: A dwelling, manufactured home, or trailer certified for living which is an accessory dwelling unit occupied by 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. Section 2 Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 4.28, Temporary Farm Dwellings, shall be deleted in its entirety and replaced with the following: 4.28 Temporary Farm Dwelling. Temporary Farm Dwellings shall comply with all of the following standards. (1) The Temporary Farm Dwelling is an accessory use to the principal dwelling permitted only through an Interim Use Permit. A Temporary Farm Dwelling, and may only be located on a parcel that is: a. At Is at least 10 acres in size if zoned if located in the Village Neighborhood (VN) zoning district, or is at least 7.5 acres in size if located in the Agriculture Core (AG C) and General Rural (GR) zoning districts; and, . b. A Contains a minimum of one (1) acre that is of the parcel is actively used as a Farm. (2) A parcel is limited to no more than one (1) Temporary Farm Dwelling. A density unit is not attributed to a Temporary Farm Dwelling when calculating density. (3) The Temporary Farm Dwelling is subject to the same zoning dimensional setbacks as the principal dwelling unit. The 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 road right of way. Formatted: Indent: Left: 0.06", No bullets or numbering Commented [CN1]: Under the Code presently, this is definition 337. Unless that has changed, renumber to 337. Commented [b2R1]: Should be 337 Page 2 of 2 (4) The dwelling must meet the definition of a Temporary Farm Dwelling “Temporary Dwelling, Farm” as defined in Chapter One, Section 4.2(1) of the Development Code. (5) The Temporary Farm Dwelling shall use the existing road access drive of the principal dwelling unit. (6) The 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 City 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, the farm has ceased operation, or such earlier date as may be determined in the Interim Use Permit. At the termination of the Interim Use Permit, the temporary Temporary Ffarm Ddwelling shall be removed from the premises within 30 days. If the property owner fails to remove the Temporary Farm Dwelling within 30 days following the termination of the Interim Use Permit, the City may, upon 48 hours notice to the property owner, enter the property and cause the Temporary Farm Dwelling to be removed. The City may use the financial guarantee provided by the property owner to cover or reimburse itself for any and all costs incurred by the City in causing the Temporary Farm Dwelling to be removed from the property. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this ____ day of April, 2021. Christine Maefsky, Mayor ATTEST: Brenda Eklund, City Clerk Commented [CN3]: Shouldn’t the interim use permit expire by its terms?