On May 12, 2016, Governor Dayton signed legislation into law that requires cities to allow a homeowner to obtain a permit to place a mobile residential dwelling structure on their property to serve as a "temporary family health care dwelling." A temporary health care dwelling is a small (less than 300 sq. ft.) portable dwelling unit that can be placed in the yard or driveway of a single family residential lot to provide short-term care for a convalescing or ill family member. Utilities are provided to the unit from the primary home: water is received through a sanitary hose connected to an outside faucet and electricity is obtained from an extension cord connected to a 50-amp outlet. The health care home's septic system is self-contained and would need to receive regular pumping service. The permit issued by a city would be valid for a period of six months. The applicant would be able to renew the permit for one additional six month period.
The new law has a provision that allows cities to opt-out of the temporary home health care permitting requirement. If an opt-out ordinance is not enacted prior to the law's effective date of September 1, 2016, a city would be required to allow the structures through a permitting process until such time as the opt-out ordinance is in effect.
City staff reviewed the temporary health care homes in February and identified several instances where the temporary dwelling structure conflicts with the requirements of the building code and zoning ordinance. The structure is an 8' to 12' wide by 24' to 30' long "Park Model" recreational vehicle or modular home with a pitched roof and siding that provides a residential appearance. Representatives from Next Door Housing, a manufacturer of the 8' x 30' trailer units, stated that they received a grant to conduct a pilot study of the units. Staff is concerned that these temporary structures have not been fully vetted by Building Officials, Fire Chiefs and other State and local officials who regulate residential dwellings. In addition, given the size of the units, staff is concerned that the temporary structures may negatively impact surrounding properties and neighborhoods.
The City Council discussed the ordinance at their June 9, 2016, Informal Meeting. They stated that helping families to care for convalescing relatives would be beneficial to the community. Also, there are many alternatives available to families to help care for ill relatives, including using a spare bedroom or spare room, senior day care services, short-term care facilities, assisted living facilities, apartments, hotels and group homes. Outside support services like nursing care, daily chore assistance, cleaning and repair services, and food delivery services could be used to assist the family member in their current home. Loan programs are also available from Dakota County CDA and the MN Housing Finance Agency for income-qualified families to help with home renovations and adaptations. Finally, the Planning Commission encouraged staff to look at the accessory unit dwelling aspects of City ordinance to broaden the application in more residential neighborhoods if setbacks and available space can provide for permanent building solutions.
The Planning Commission discussed the ordinance at their July 20, 2016, meeting and stated that they support opting out in order to give the City time to review the units and address the concerns that have been raised. If the opt-out ordinance is not adopted, the City would be required to issue a permit after September 1, 2016, even though there are several outstanding concerns related to the units that have not yet been addressed.