IV.7. Second Reading for Ordinance 2016-1113: Temporary Family Health Care Dwellings; Lindahl (Memo)MEMO
To: Honorable Mayor and City Council
From: Sara Emmel, Planning and Economic Development Intern
Jason Lindahl, City Planner
Date: August 16, 2016
Subject: Second Reading for Ordinance 2016-1113
Proposed Action
The City Council’s action is to approve the second reading of Ordinance 2016-1113 and order the
ordinance published.
Overview
This application was initiated by staff in response to Minnesota Statute, Section 462.3593, which
requires local governments to allow temporary family health care dwellings in residentially-zoned
areas unless they approve an ordinance opting out of this statute before September 1, 2016.
Currently, Hopkins zoning regulations prohibit these uses. Under the new law, any existing local
zoning standards related to accessory use or recreational vehicles storage and parking are preempted
and would not apply to the dwellings allowed by the new state law.
On August 1, 2016, the City Council approved Resolution 2016-052, approving the first reading of
Ordinance 2016-1113, opting out of the requirements of Minnesota Statute, Section 462.3593,
related to temporary family health care dwellings. The Planning & Zoning Commission held a
public hearing to review this item on July 26, 2016, that produced no comments. During this
meeting, the Planning & Zoning Commission voted unanimously to recommend the City Council
approve opting out of the requirements of Minnesota Statute, Section 462.3593.
Attachments
Ordinance 2016-1113
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1113
AN ORDINANCE OPTING OUT OF THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593, RELATED TO
TEMPORARY FAMILY HEALTH CARE DWELLINGS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 525.19 is being added to the Hopkins City Code by adding the bolded and
underlined material as follows:
525.19 Temporary Family Health Care Dwellings. Pursuant to authority granted by
Minnesota Statutes, Section 462.3593, subdivision 9, the City of Hopkins opts out of the
requirements of Minnesota Statutes, Section 462.3593, which defines and regulates
Temporary Family Health Care Dwellings.
SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance
with Section 3.07 of the City Charter.
First Reading: August 1, 2016
Second Reading: August 16, 2016
Date of Publication: August 25, 2016
Date Ordinance Takes Effect: August 25, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk