HomeMy WebLinkAboutResolution 2016-73 Temporary Housing Opt Out Ordinance AmendmentCity of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016 -73
Motion By: Hank
Seconded By: Keefe
August 25, 2016
A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE
TEXT OF SECTION 1030.040 OF CHAPTER 10 OF THE CORCORAN CITY CODE, OPTING -
OUT OF THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593
WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of
temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which permit and
regulate temporary family health care dwellings;
WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out" of those
regulations,
WHEREAS, the City of Corcoran provides standards for temporary structures.
WHEREAS, the Stat. § 462.3593 legislation does not allow adequate time for a thorough
analysis of the issues prior to the September 1 St deadline.
WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly
called Public Hearing and recommends approval.
WHEREAS, this Ordinance shall be effective immediately upon its passage and publication.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve a Zoning Ordinance text
amendment as follows:
1030.040 — Temporary Structures
Subd.1. Opt Out of M.S. § 462.3593. Pursuant to authority granted by M.S. 462.3593,
subd. 9, the City of Corcoran opts out of the requirements of M.S. § 462.3593,
which defines and regulates Temporary Family Health Care Dwellings.
Subd. 2.x-1- Temporary Structures (including manufactured homes on a temporary
basis) shall only be permitted as provided below:
A. Reconstruction. During the reconstruction of a home that has been damaged
or destroyed and is uninhabitable, the City Council may grant a permit for a
period not to exceed one year for a temporary structure in any zoning district.
B. The City Council may grant an Interim Use Permit with stipulated time
limitations for the temporary utilization of manufactured homes or other
temporary structures as living quarters when a special hardship is found to
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City of Corcoran
County of Hennepin
State of Minnesota
August 25, 2016
RESOLUTION NO. 2016 -73
exist. Such hardship shall be generally a result of age or a physical handicap
of a blood relative. The following conditions shall apply in such situations:
1. Any person requiring such temporary habitation shall make application to
the City Council for an Interim Use Permit. The request shall state the
location, type of structure, length of time the structure will be used, and
the reason for the need of such structure.
2. The Building Official shall review each proposal and report his findings
and recommendations to the Council.
3. If the City finds that the public health, safety, morals and general welfare
will not be impaired and will not be affected adversely, it may grant a
temporary habitation, provided that the person so applying shall enter into
a written agreement with the City as to when such occupation is to cease.
No permit for temporary habitation shall be granted for a period longer
than one year, and the City may revoke such permit upon 90 days written
notice if and when it finds:
VOTING AYE
F-1 G uenth ner, Ken
® Hank, Pat
® Keefe, Mike
® LaFave, Tonya
® Thomas, Ron
a. That the public health, safety, morals or general welfare are being
impaired by such habitation.
b. That the continued existence of such habitation conflicts with the
City's Comprehensive Plan.
c. The temporary habitation structure has been abandoned or put to any
use other than that stated in the application as the reason for the need
of such habitation.
d. That the value of public or private property is being affected adversely
thereby.
VOTING NAY
❑ G uenth ner, Ken
❑ Hank, Pat
El Keefe, Mike
❑ LaFave, Tonya
❑ Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 25th day of August 2016.
Ron Thomas - Acting Mayor
ATTEST:
City Seal
Je sica Beise —City Clerk/Administrative Services Coordinator
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