IV.8. Second Reading Ordinance Amending the Hopkins City Code Related to Reasonable Accommodations; Imihy Bean
CITY OF HOPKINS
City Council Report 2023-007
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: PeggySue Imihy Bean, Management Analyst
Date: January 3, 2023
Subject: Second Reading: Ordinance Amending the Hopkins City Code Related to
Reasonable Accommodations and Reasonable Accommodation Fees for
2023
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO adopt Ordinance 2022-1186 Amending Section 1-21 of the City of
Hopkins City Code Related to Request for Reasonable Accommodation and Amending
the Hopkins City Code Related to Reasonable Accommodations and Reasonable
Accommodation Fees for 2023.
OVERVIEW
No changes have been made to Ordinance 2022-1186 since the first reading on
December 20, 2022. The materials from the first reading are available here.
SUPPORTING INFORMATION
• Ordinance 2022-1186
Administration
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2022-1186
AN ORDINANCE AMENDING SECTION 1-21 OF THE CITY OF HOPKINS CITY CODE
RELATED TO REQUESTS FOR REASONABLE ACCOMMODATION AND AMENDING
THE HOPKINS CITY CODE RELATED TO REASONABLE ACCOMMODATIONS AND
REASONABLE ACCOMMODATION FEES FOR 2023.
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 1-21 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 1-21. Reasonable accommodation requests.
(a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing
Amendments Act of 1988 to provide reasonable accommodation in the application
of zoning and other regulations for qualified persons with disabilities seeking fair
and equal access to housing. Reasonable accommodation means providing a
qualified person with flexibility in the application of land use, zoning and other
regulations or policies (including the modification or waiver of certain requirements),
when it is necessary to eliminate barriers to fair housing opportunities. The purpose
of this article is to establish a process for making and acting upon requests for
reasonable accommodation.
(b) Definitions.
Accommodation specialist: City staff appointed by the city manager or their
designee to coordinate and administer the reasonable accommodation process
outlined in Hopkins City Code section 1-21.
Qualified person: Any individual with a disability, their representative, or a
developer or provider of housing for an individual with a disability.
Disability: Those disabilities which are recognized under applicable federal law.
Reasonable accommodation: Process by which the city may provide a qualified
person flexibility in the application of land use, zoning, or other regulations.
(c) Initiation of reasonable accommodation request. Any qualified person who requests
a reasonable accommodation in the form of modification in the application of a
zoning or other regulation which may act as a barrier to fair housing opportunities
due to the disability of existing or proposed residents, may do so on an application
form provided by the city's accommodation specialist. The application shall include
a detailed explanation of why the accommodation is reasonably necessary to make
the specific housing available to the person(s), including information establishing
that the applicant is disabled under applicable laws, as well as other information
required by the accommodation specialist to make the determination. If the project
for which the request is being made also requires an additional land use review or
approval, the applicant shall file the request concurrently with the land use review.
Notice of such reasonable accommodation request shall be mailed within 15 days
of receipt of a complete reasonable accommodation request application to each
owner of affected property and property situated wholly or partly within 500 feet of
the property to which the reasonable accommodation request relates. For the
purpose of giving mailed notice, the accommodation specialist may use any
appropriate records to determine the names and addresses of owners. A copy of
the notice and a list of the owners and addresses to which the notice was sent shall
be attested to by the accommodation specialist and shall be made a part of the
records of the proceedings. The failure to give mailed notice to individual property
owners, or defects in the notice shall not invalidate the proceedings, provided a
bona fide attempt to comply with this notice requirement has been made. Any
person providing comments regarding the reasonable accommodation request
must provide such comments to the accommodation specialist within 14 days of the
date of the notice.
If the qualified individual is a developer or provider of housing and is a business,
including for profit and non-profit businesses, the application shall include additional
disclosures as required by the reasonable accommodation specialist.
(d) Accommodation specialist: Required findings. The accommodation specialist, in
consultation with other appropriate city staff, shall have the authority to consider
and act on requests for reasonable accommodation. The accommodation specialist
shall issue a written decision in which the request is approved, approved subject to
conditions, or denied. In making the decision as to whether an accommodation is
reasonable, the following factors shall be considered:
(1) Special need created by the disability;
(2) Potential benefit that can be accomplished by the requested accommodation;
(3) Need for the requested accommodation, including alternatives that may
provide an equivalent level of benefit;
(4) Physical attributes of and any proposed changes to the subject property and
structures;
(5) Potential impact on surrounding uses;
(6) Whether the requested accommodation would constitute a fundamental
alteration of the zoning regulations, policies, or procedures of the city, and/or
nature of the area in which the accommodation is being requested;
(7) Whether the requested accommodation would impose an undue financial or
administrative burden on the city;
(8) Whether the requested accommodation is likely to have any negative impacts
on the health, safety, or general welfare of members of the community, and
(9) Any other factor that may be determined to have a bearing on the request.
Any approval issued under this section may include such reasonable conditions
that the accommodation specialist deems necessary to mitigate any adverse
impacts that the granting of such reasonable accommodation may produce or
amplify.
(e) Notice of decision. The written decision of the accommodation specialist shall be
mailed to the applicant and any person providing comments pursuant to paragraph
(c) of this section within five business days of such decision being made. Any
person providing comments pursuant to paragraph (c) will receive a notification via
written or electronic means that a decision has been made and such notification
shall include instructions on how to obtain a copy of the decision. All written
decisions shall give notice of the right to appeal a decision of the accommodation
specialist pursuant to section 1-21. The decision of the accommodation specialist
shall constitute the final decision of the city, unless appealed according to the
procedures and within the time limits provided in section 1-21. Only the aggrieved
applicant of the written reasonable accommodation determination has a right to
appeal the decision.
A reasonable accommodation approved under this section shall become effective
on the first calendar day following expiration of the right to appeal.
(f) Applicability. Any approved request shall constitute a limited license which shall
allow the property owner or occupant to continue to rely upon such accommodation
only so long as they own or occupy the property. Approval of a reasonable
accommodation does not constitute a property right, does not run with the land, and
does not provide future owners or occupants any rights to rely upon such
accommodation approvals. Only the person who applied for such reasonable
accommodation, and who is specifically named in the city's approval of such
accommodation, shall be entitled to the benefits and protections thereof. The holder
of an approved reasonable accommodation license hereunder shall, on or before
January 1st of each year, provide the city with an updated affirmation that the
reasonable accommodation is still necessary. In the event that the
accommodations specialist has reasonable cause to believe that the factors
supporting the original approval of a reasonable accommodation have changed, the
accommodation specialist may request additional information from the license
holder. Failure to annually reaffirm the need for the reasonable accommodation, or
failure to provide information reasonably requested by the accommodation
specialist shall result in automatic termination of the reasonable accommodation
upon written notice by the accommodation specialist.
(g) Conditions and guarantees. Prior to the issuance of any permits relative to an
approved reasonable accommodation request, the accommodation specialist may
require the applicant to record a covenant acknowledging and agreeing to comply
with the terms and conditions established in the determination.
(h) Appeals. Any decision reached by the accommodation specialist pursuant to
section 1-21 shall be subject to appeal to the city council by those persons with a
right to appeal as provided herein. All appeals shall be initiated by submitting a
notice of appeal, in writing, to the accommodation specialist within 30 days of the
date upon which the decision was made. Upon notice of appeal, the city manager
or their designee shall present such appeal to the city council for action within 30
days. The accommodation specialist shall also serve notice of such appeal on all
parties entitled to receive notice of a decision issued under section 1-21 – notice to
persons who made comments in accordance with paragraph (c) shall be provided
notice of the appeal via written or electronic means, at the discretion of the
accommodation specialist. Following a hearing on such appeal, the city council
shall issue its findings, in writing, within 30 days.
(i) Fees for applications under this section 1-21 may be set by city council resolution.
(j) If the qualified individual is a business, whether for profit or a nonprofit, and the
business is a developer or provider of housing that is not licensed by the State of
Minnesota, the business will be required to pay the actual costs of review of the
application and will be required to place $3000, or an amount determined by the
accommodation specialist based on the estimated costs for reviewing the
application, into an escrow account which the city can draw down to cover the
actual costs of review of the application. If the actual cost of reviewing the
application exceeds $3,000, then the City may charge the additional amount to the
applicant. Payment of the additional amount will be a condition of granting the
requested accommodation. This subsection is intended to conform to the City’s
practices in other development and housing contexts.
SECTION 2. Appendix A of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Reasonable Accommodations
Base Fee Escrow
Reasonable
accommodation request
$500.00 $3000 or based on
estimate
Appeal to reasonable
accommodation decision
$300.00
SECTION 3. The effective date of this ordinance shall be the date of publication.
First Reading: December 20, 2022
Second Reading: January 3, 2023
Date of Publication: January 5, 2023
Date Ordinance Takes Effect: January 5, 2023
By:__________________________
Patrick Hanlon, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk