HomeMy WebLinkAbout01/11/2017***
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city of Apple II
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
WEDNESDAY JANUARY 11, 2017
URBAN AFFAIRS ADVISORY COMMITTEE TENTATIVE AGENDA
6:30 p.m.
Regent Room
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES OF OCTOBER 26, 2016
4. DISCUSSION ITEMS:
a. CONTINUE DISCUSSION ON TEMPORARY FAMILY HEALTH CARE DWELLING
UNITS
5. OTHER BUSINESS
- None -
6. ADJOURNMENT
NEXT URBAN AFFAIRS MEETING
Date to be Determined 6:30 p.m.
Staff:
Kathy Bodmer — Planner 952-953-2503
Alex Sharpe — Planner/Economic Dev. Spec. 952-953-2569
S:\planning\private\Urban Affairs\2016 Health care dwelling units\011117 Agenda.doc
CITY OF APPLE VALLEY
URBAN AFFAIRS ADVISORY COMMITTEE MINUTES
OCTOBER 26, 2016
1. CALL TO 0
)
ER
The City of Apple Valley Urban Affairs Advisory Committee meeting was called to order by
Planner Kathy Bodmer at 7:03 p.m.
Members Present: Barry Berg, Edwin Holmes, Sharon Schwartz, Pamela Sohlberg and Walton
Mahlum.
Members Absent: Sandy Breuer
Staff Present: Planner Kathy Bodmer and Planner/Economic Dev. Spec. Alex Sharpe.
2. APPOINTMENT OF ACTING CHAIR TO CONDUCT MEETING
Ms. Bodmer inquired if the Committee would like to appoint an Acting Chair to conduct the
meeting or proceed directly to the election of chair and secretary. The Committee asked that staff
lead the meeting until a Chair was approved.
3. APPROVAL OF AGENDA
Ms. Bodmer asked if there were any changes to the agenda. Hearing none she called for a motion.
MOTION: Berg moved, seconded by Holmes, approving the agenda. Ayes - 5 - Nays - 0.
4. NOMINATION AND ELECTION OF CHAIR AND SECRETARY
Pamela Sohlberg nominated Sharon Schwartz to serve as Chair.
Edwin Holmes nominated Berry Berg to serve as Chair.
Ballots were prepared by Planner/Ecomonic Dev. Spec. Alex Sharpe and passed out to the
Committee for voting. Ballots were tallied and Sharon Schwartz was selected as Chair of the Urban
Affairs Advisory Committee.
Edwin Holmes nominated Berry Berg to serve as Secretary.
Ballots were tallied and Berry Berg was selected as Secretary of the Urban Affairs Advisory
Committee.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Urban Affairs Advisory Committee Minutes
October 26, 2016
Page 2 of 4
5. APPROVAL OF MINUTES OCTOBER 22, 2013.
Chair Schwartz asked if there were any changes to the minutes. Hearing none she called for a
motion.
MOTION: Berg moved, seconded by Sohlberg, approving the minutes of the meeting of
October 22, 2013. Ayes - 5 - Nays — 0.
6. DISCUSSION ITEMS
A. Temporary Family Health Care Dwelling Units
Planner Kathy Bodmer stated the City Council directed the Urban Affairs Advisory Committee to
review Temporary Family Health Care Dwelling Units and their potential use in the community.
Planner Kathy Bodmer gave a presentation on the history of the new state law, what Temporary
Family Health Care Dwellings are, and the current status.
Berg noted that there would not be a hard line phone into the structure, which could lead to safety
issues. He also questioned whether the building code would need to be amended to allow for these
structures.
Sohlberg stated that the City's concerns were well laid out in the report and that she agreed with
them. She also noted that she could not imagine sitting alone in one of these units.
Sohlberg questioned how a resident would get in and out of the unit in the winter snow and whether
a new path would need to be created to allow a resident to get to the unit.
Berg noted that the time limits placed by the state are nearly irrelevant as they are unenforceable.
Holmes stated that the city of Houston allows detached granny flats, but that these were permanent
structures.
Berg expressed concern that if additional dwelling units were allowed in an area that the City would
be forced to reevaluate prior issues concerning density.
Walton Mahlum questioned the costs of the temporary units, from installation to heating the units in
the winter. He stated that with the poor insulation of the units and the electric heaters that the
electric bill to keep the unit habitable is of concern.
Berg questioned how caregivers would know if the person in the unit needed assistance.
Schwartz questioned who enforces if there are issues or complaints about the unit. If the City was
responsible, how would a determination be made that the correct care is being provided?
CITY OF APPLE VALLEY
Dakota County, Minnesota
Urban Affairs Advisory Committee Minutes
October 26, 2016
Page 3 of 4
Planner Kathy Bodmer gave further history of how this item went through the Minnesota
Legislature.
Sohlberg noted that a better solution than these units would be a low cost loan to adapt the existing
permanent home on the site.
Berg questioned whether there were any federal grants for ADA to make a home more accessible.
Mahlum questioned whether many homes in Apple Valley would even be able to meet the new
State law. He noted that it would be difficult to get the unit to the backyard of many homes, and that
with the setbacks many lots in the City could not install these units.
Sohlberg expressed concern that if a neighbor to one of these units wished to sell their home how
that would affect potential buyers.
Holmes stated that the aging population issue is not going to alleviate itself. But that the better
solution appears to be an Accessory Dwelling Unit, not a Temporary Family Health Care Dwelling.
Berg stated that it is important that the City create ordinances that help to maintain the City
character for the surrounding properties, and that these units were not in character with their
surroundings.
Mahlum stated that these units were likely to compete in costs with assisted living facilities when
you add up all of the operation costs, and the care costs. He went on to say that the people utilizing
one of these units may not need a loan.
Sohlberg expressed that it may not be necessary for the Urban Affairs Committee to meet an
additional 2 times, that these units were not in the best interest of the community.
Holmes stated that the purpose of the City Council asking the Urban Affairs Committee to look at
this item was to provide other solutions, and that Accessory Dwelling Units (ADU) would be the
solution. He further stated that he felt the Committee should evaluate those units and provide a
recommendation to City Council on an ordinance for ADU.
Schwartz summed up the questions and directed staff to research the costs to install and upkeep
(including heating) the Temporary Family Health Dwellings and the layouts of models, the cost of a
modest assisted living facility, and what other cities are doing with ADUs for the next meeting.
6. OTHER BUSINESS
A. Review of upcoming meeting.
Planner Bodmer stated that the next Urban Affairs Committee meeting would take place on
November 14 at 6:30 p.m. at the Municipal Center.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Urban Affairs Advisory Committee Minutes
October 26, 2016
Page 4 of 4
8. ADJOURNMENT
Hearing no further comments from the Urban Affairs Advisory Committee, Chair Schwartz asked
for a motion to adjourn.
MOTION: Berg moved, seconded by Holmes to adjourn the meeting at 8:41 p.m. Ayes - 5 -
Nays -0.
Respectfully Submitted,
Planner/Economic Dev. Spec. Alex Sharpe
Approved by the Urban Affairs Advisory Committee
on Chair
0
*000
•
city of Apple
Valley
ITEM:
URBAN AFFAIRS MEETING DATE:
SECTION:
4A
January 11, 2017
Discussion Item
PROJECT NAME:
Temporary Family Health Care Dwelling Opt -Out Ordinance Meeting 2
PROJECT DESCRIPTION
Consideration of Temporary Family Health Care Dwellings and other Housing Options
STAFF CONTACT:
Alex Sharpe & Kathy Bodmer
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
City of Apple Valley
PROJECT NUMBER:
PC 16-22-0
Proposed Action
• No formal action required. Staff was directed to research several topics and report back to
the committee to provide next steps.
Project Summary/Issues
Introduction:
On October 26, 2016 the Urban Affairs Committee met to discuss Temporary Family Health Care
dwellings as directed by City Council. City Council directed the Urban Affairs Committee to review
the state law regulating the use and permitting of Temporary Family Health Care Dwellings
(TFHCD) on July 28, 2016, where the Council also unanimously opted out of the law.
The Urban Affairs Committee (UAC) reviewed the state law, and the proposed temporary dwellings
and determined that this housing option did not consider a number of factors, but was meant to serve
a need within the elder community. The UAC directed staff to research the costs associated with
these temporary dwellings, more traditional senior assisted living facilities, and neighboring
community's ordinances for more permanent Accessory Units Dwelling (ADU's).
Background:
Temporary Family Health Care Dwellings
Next Door Housing is a local manufacturer of these dwelling units constructed on wheels. The
structure is an approximately 8' wide by 30' long recreational vehicle with a pitched roof and siding
to give it a residential appearance. A similar structure is called a "granny pod" or "medical cottage"
and is a roughly 12' x 24' unit that can be placed on the ground. A temporary health care dwelling
typically contains a bed, living area, kitchen, separate bathroom, and a washer/dryer. Because the
dwellings can be hauled behind a one ton pickup, they are quick and relatively easy to deploy.
The table below details the costs of installation and one year cost to maintain a Next Door Housing
trailer unit. One year is the maximum time permitted by the state law. Next Door Housing partnered
in writing the law, and was the company issued the grant to study how to address the need for senior
temporary housing. The table includes expenses such as the unit rental, which is a known cost. The
table also includes expenses such as electrical installation, which are estimated based on speaking
with subject matter experts, such as electricians.
Temporary Family Health Care Dwelling Estimated Costs
Unit Rental & Installation of the Unit
Next Door Housing rents the temporary units at a base price, with any improvements for an
additional fee. Staff contacted Next Door Housing to determine what an average installation could
cost. Installation includes the drop off of the unit, any site grading, and the final hook up of all
systems.
Electrical Installation
Next Door Housing has stated in their advertisements that the unit can receive 50 amp electric service
through an aboveground extension cord. However, speaking with the City electrical inspector this is a
severe health and safety hazard due to the electric load. As noted by the Committee, the cord be a
tripping hazard. But the larger concern is if the cord were to be cut by a lawnmower, or disturbed by
a child; a 50 amp current is enough to cause severe injury or death. Due to this concern, and state
code requirements, the line would be required to be trenched underground with a pedestal installed
next to the TFHCD.
The installation expenses were estimated with assumption that only minor work would be required
inside the home, and a new electric line at 35 feet from the home to the trailer. Staff received
estimates from several electricians, all of which stated that they suspect the actual cost could increase
due to required work inside the home. These estimates were made with only basic information and
most of the actual sites will require additional electrician time and materials.
Electric Heating and Cooling
Heating and cooling costs are very difficult to estimate due to personal preference, use of the trailer,
site characteristics, weather, etc. Insulation on these units does not meet building code standards, and
would likely not insulate well in cold winter months. The estimations were based off heating/cooling
a similar square footage in a home with electric supply, and then comparing these to a RV park
trailer. These estimates are for illustrative purposes and could vary widely.
Septic Pumping
The units are designed with a 200 gallon grey and black water shared tank. This means that all water
from showers, sinks, dishwashers, clothes washer, and toilet utilize the same holding tank. Staff
contacted three septic pumping companies to assist in determining this cost. Usually, the cost of
septic pumping is based off the amount of waste for disposal. In the case of these temporary units the
primary cost will be based on septic company staff time due to the low volume but increased number
of trips/pumping required
The average person uses 80-100 gallons of water per day in the US. Staff determined that there
Monthly
Yearly
Unit Rental
$1,250
$15,000
Installation
N/A
$500-$800
Electrical Installation
N/A
$2,000-$2,800
Electric Heat/Cooling
$80-$150
$960-1,800
Septic Pumping (bi-weekly)
$80-$120
$2080-$3,120
Fresh Water Installation
N/A
$1,800-$2,600
Total
$22,340 - $26,120
Unit Rental & Installation of the Unit
Next Door Housing rents the temporary units at a base price, with any improvements for an
additional fee. Staff contacted Next Door Housing to determine what an average installation could
cost. Installation includes the drop off of the unit, any site grading, and the final hook up of all
systems.
Electrical Installation
Next Door Housing has stated in their advertisements that the unit can receive 50 amp electric service
through an aboveground extension cord. However, speaking with the City electrical inspector this is a
severe health and safety hazard due to the electric load. As noted by the Committee, the cord be a
tripping hazard. But the larger concern is if the cord were to be cut by a lawnmower, or disturbed by
a child; a 50 amp current is enough to cause severe injury or death. Due to this concern, and state
code requirements, the line would be required to be trenched underground with a pedestal installed
next to the TFHCD.
The installation expenses were estimated with assumption that only minor work would be required
inside the home, and a new electric line at 35 feet from the home to the trailer. Staff received
estimates from several electricians, all of which stated that they suspect the actual cost could increase
due to required work inside the home. These estimates were made with only basic information and
most of the actual sites will require additional electrician time and materials.
Electric Heating and Cooling
Heating and cooling costs are very difficult to estimate due to personal preference, use of the trailer,
site characteristics, weather, etc. Insulation on these units does not meet building code standards, and
would likely not insulate well in cold winter months. The estimations were based off heating/cooling
a similar square footage in a home with electric supply, and then comparing these to a RV park
trailer. These estimates are for illustrative purposes and could vary widely.
Septic Pumping
The units are designed with a 200 gallon grey and black water shared tank. This means that all water
from showers, sinks, dishwashers, clothes washer, and toilet utilize the same holding tank. Staff
contacted three septic pumping companies to assist in determining this cost. Usually, the cost of
septic pumping is based off the amount of waste for disposal. In the case of these temporary units the
primary cost will be based on septic company staff time due to the low volume but increased number
of trips/pumping required
The average person uses 80-100 gallons of water per day in the US. Staff determined that there
would likely be some shared use with the main home, and set the pumping to a bi-weekly schedule. If
the elder utilized the TFHCD as a normal home the cost of pumping would increase.
Septic companies contacted all shared a similar concern. Regular pumping will require ease of access
to the unit. Placing the unit in the rear yard will add additional difficulty, but they would be able to
pump the tank from the street in most cases. Staff time for septic companies is difficult to estimate
and determined by the lot and use of the trailer.
Fresh Water
Next Door Housing advertised that a heated freshwater hose could be utilized to supply water to the
unit. However, due to the freeze hazard, and the year round use of these structures, state code would
require the line to be buried at least 6' deep. There could be some shared cost between trenching the
electrical and the water line, but it is difficult to estimate this shared cost and it may not be practical
on many sites.
Use of water by the trailer is not estimated in this table as this cost is difficult to determine. The elder
living in these units would likely utilize some of the primary home's water as well.
Assisted Living Facilities
Staff also researched the cost of several assisted living facilities throughout the metro. These costs
can vary widely and are often based on an a la carte basis, where each additional service is an extra
monthly cost.
Assisted Living Costs
Name of Facility
City
Assisted Living Cost
(per Month)
Yearly Cost
Meadow Ridge Senior Living
Golden Valley
$2,500
$30,000
The Landmark
Fridley
$3,400
$40,800
The Resident at North Ridge
New Hope
$1,450
$17,400
Carefree Cottages
Maplewood
$2,900
$34,800
Augustana
Apple Valley
$1,250
$15,000
Next Door Housing "Granny Pod"
N/A
$1,250
$15,000
Average MN Cost *
N/A
$3,362
$40,344
*Average Cost of Senior Assisted living cost for 2015 estimated by Mn.gov and Minnesota Chamber of Commerce.
Costs in the table able are for assisted living facilities only. Some include services for nursing staff to
deliver medication, while others, like Augustana charge an additional $450 per month for this
service.
Accessory Dwelling Units
Staff has done extensive research into neighboring communities Accessory Dwelling Unit
Ordinances to compare those with Apple Valley. The standard terminology for these units is
Accessory Dwelling Unit (ADU), Apple Valley adopted the Accessory Unit Dwelling (AUD)
moniker prior to this standard.
An Accessory Dwelling Unit (ADU) is a separate permanent housing unit on an existing residential
property. These units can be connected to the principal home, or detached standalone structures.
These units are smaller than the principal house, and include independent sleeping, cooking, and
sanitation facilities. The units are essentially small apartments on residential property with their own
access that does not require the person(s) living in them to enter the primary home.
In 2003, the City adopted an ordinance that allows the construction of an Accessory Unit Dwelling
(ADU) in the "R-1" (Single family residential, minimum lot 40,000 sq. ft.) zoning district by
Conditional Use Permit (CUP) when certain conditions are met. When City Council discussed the
ordinance provisions in 2003, they decided that the number of ADUs should be limited to ensure the
City would not be inundated with requests for the accessory units until the ordinance could be
evaluated.
An ADU may only be obtained by Conditional Use Permit within the R-1 zoning district. The R-1
zoning district is the single family zoning district that requires a minimum lot size of a nearly one -acre
lot. R-1 zoned parcels comprise only approximately 2.2% of the City's land area. An additional
ordinance limitation is that only three ADUs are permitted within a 1/2 -mile area. An ADU may be no
larger than 40% of the footprint of the primary dwelling and the property owner must reside in either
the primary home or accessory unit. A larger ADU may be approved by the City Council if certain
conditions are met.
To date, only two conditional use permits have been issued for ADUs in the City. In both cases,
families wished to construct a separate living unit for family members. The units were part of a
significant remodel of the home, but the homes maintained their single family appearance. From time
to time residents in other zoning districts have inquired about constructing an ADU, but so far there has
not been a high demand for the accessory units. With the aging population there may be additional need
in the near future.
Findings from Survey
The City of Apple Valley allows the construction of accessory unit dwellings in two locations: the R-1
single family zoning district (min. lot size 40,000 sq. ft.) and the detached single family area of the
Cobblestone Lake development on the northwest corner of 160th Street and Diamond Path. In the R-1
zoning district, a conditional use permit must be obtained in order to construct an ADU either within or
attached to the primary structure. In the Cobblestone Lake area, an ADU is a permitted accessory use
and may be construction within, attached or in a detached accessory building.
Provisions of other City ordinances were reviewed and presented in the attached table. Bloomington,
Cottage Grove, Inver Grove Heights and Plymouth require a rental license. Long Lake, Minnetonka,
St. Paul and White Bear Lake, like Apple Valley, require a CUP. Chanhassen has a provision that
would allow the ADU based on "temporary need." Eagan has a specific ADU registration program.
Minneapolis requires an administrative permit.
Size limits vary, but most of the units may be no smaller than 300 sq. ft. Most have a maximum size
based on a percentage of the primary structure's size to ensure the unit remains "accessory" to the
primary dwelling. Bloomington, Cottage Grove, Eagan, Inver Grove Heights, Minnetonka and
Plymouth, require the homeowner to live in either the primary dwelling or ADU. Only Long Lake
requires the ADU to be occupied by a family member. The maximum number of tenants ranges
between two and three.
Bloomington, Eagan, and Stillwater allow the ADU within the primary structure or attached to the
primary structure, but do not allow a detached standalone unit. Cottage Grove only allows an ADU
within the existing house footprint; no addition or detached building is permitted. Minnetonka only
allows conversion of living space to an ADU not garage space. Inver Grove Heights allows either
within the residence, or detached when the lot is one acre or larger and shares same septic. Plymouth
only allows ADU above an attached or detached garage and only within two developments.
Minneapolis only allows ADUs above attached garages. In St. Paul, ADUs are permitted above
detached garages in neighborhoods where carriage apartments where originally constructed.
A review of the other city provisions confirms that Apple Valley's current provisions are consistent
with the requirements of other cities.
Next Steps:
Staff recommends that the Committee review the Accessory Dwelling Unit table and provide
thoughts/ideas on how Apple Valley would amend its ordinance. Staff is providing a number of
discussion points, and will provide additional points at the meeting. The following list is to assist in
determining a potential direction and contains ideas which may be contrary to one another.
• Should ADU's be expanded to additional districts?
• Is a CUP necessary for all ADU units, or just detached units?
• How would ADU's be regulated/monitored?
o Rental licensing?
o Code provisions for violation?
• Does limiting the number of units within an area prevent increased density?
• How can access concerns (police/fire getting to the unit) be addressed?
• Do ADU's change the character of a neighborhood?
Budget Impact
N/A
Attachment(s)
1. Sample Next Door Housing Unit interior plan
2. Table of neighboring City ADU ordinances
3. City of Apple Valley AUD ordinance
Next L oor
HOUSING
NextDoor Housing's innovative "Family Health Care Dwellings" (otherwise known
as "Drop Homes" or "Granny Pods") are designed to provide independence and
privacy at the location of your choosing. Designed with safety and accessibility in
mind, our Drop Homes are meant to put your family first.
The Drop HomeTM (classified RV):
S D
BEDROOM
Starting at $44,950
"Accessible Housing Where It's Wanted, When It's Needed"
The Drop HomeTM model is 30 ftlo a
and 8 ft wide. This model can be
transported with a standard 1 -ton
pickup truck. As long as you have a
flat footprint of those dimensions and
space to bring it in, the Drop Home is
designed to run safely and
independently ith the help of a few
utility connections.
DropHome TM needs access to wat
and power, just like any other
house. The beauty of our connectivity
s it's completely designed to run off an
existing residence. 30-50 amp
electrical service is recommended, and
an insulated fresh water hose to your
water source will keep the Drop
Ho e TM running, no matter the
veyPI-ithpr
During various stages of the caregiving journey, your loved one
may benefit from the type of care only you can deliver. "Drop
Homes" (or "granny pods") are an affordable alternative to caring
for our loved ones. Combined with in-home care monthly
expenditures can be equivalent or less to assisted living.
Accessory Dwelling Unit Requirements November 2016
Comments
At least one occupant must be actively
working on the farm.
• Only one ADU per lot.
• Lot must be twice size min. lot required
by code.
Intended to help provide affordable
housing.
City Council views as important tool for
achieving affordable housing goals. No
complaints in 8 years, not controversial.
• Only allowed in SF or PUD developments
approved after June 2001. Only allowed
in 2 developments.
• Must be built at same time as principal
structure.
Min lot size based on residential zoning
district
ADU Spacing
Requirements?
Location on
Property
Either within
residence or
detached.
Detached only
if one acre or
larger, shares
same septic.
Above
detached
garages.
Allows
conversion of
living space,
not garage
siace.
Only above
attached or
detached
garage.
Detached
garage only
where carriage
apt already
constructed.
Attached or
detached.
Number of
Tenants
x
co
2
{
.
i
Limited to
Relative?
1
Yes, must
be relative
of principal
unit
1
1
Owner
Occupied?
.c
te
6>'
a)
Yes, either
Yes, either
ADU Size Limits
1,000 sf or less on lots 2.5 acres
or less.
1,600 sf or less on lots larger than
2.5 acres
4...
U)
0
0
0)
A
0
Z
No more than 35% gross living
area of house or 950 sq. ft.,
whichever smaller. Larger may be
approved by City Council
4..
(1)
0
0
CI
N.."
A
0
Z
No more than 30% of building's
total floor area or 800 sf,
whichever is less.
No < 200 sf, nor > 880 sf, or 40%
of habitable area of principal
structure, whichever is less.
Type of Permit
Required
a)
co
c
a)
(...)
:3
---C6
a)
cc
D
o
Admin permit
D
0
Rental License
CUP -- Only
where Carriage
Home Apt
originally
constructed for
housekeeping
staff.
Max. 800 sf
a_
D
(...)
Zoning
District
Allowed
Not permitted
..f
ce
. c\I
ce
, *a
—1 .r -
Ce
Woodbury Not permitted
6
Inver Grove Heights
(pop. 34,344)
Long Lake
co
>
2
a)
13..
as ;
(OL:0017 'do:
snodeauum
Minnetonka
(pop. 51,368)
...
r•-•-•
co
0.,
, .
5, 8"
St. Paul
(pop. 294,873)
--.....
,
=
White Bear Lake
--- --
"--" means no response/no information available.
Comments
• Cannot exceed max. 35% impervious on
a lot.
• No conversion of garage unless 2
surface space is available. No special
parking permits.
Exterior materials same as primary
structure.
• Min lot size 11,000 sq. ft. for ADU
• Must be constructed to allow conversion
back to single family residence.
• Must be attached to the four season
living space of single family home.
• Separate metering to ADU prohibited.
• Must have demonstrated need based
on disability, age, or financial hardship.
• Variance for temporary use of a single-
family dwelling as a two-family dwelling
as long as conditions continue to apply.
• Dwelling must have appearance of
single family home including maintain
one driveway and one entrance.
No issues with ordinance. Units have been
there a long time.
Not permitted if lot coverage exceeds or
will exceed 20%.
ADU Spacing
Requirements?
Max 3 within 1/2 mile
radius
No more than 10% of
homes in one block can
have access. apt
Location on
Property
Within or
attached
Within,
attached or
detached
O
I
CD
co t
Q 3
Only inside the
existing
structure (no
detached, no
expansion for
Access Apt.)
Only attached
or within, no
detached.
Number of
Tenants
Max 3
people and
2 bedrooms
N
CD
O E
)) O N 0
.�
C
Max 2
persons
and 2
bedrooms.
Limited to
Relative?
a)
a) ---.
- O
Owner
Occupied?
Yes, either
primary or
ADU
>,2c� n.
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Oa- —aaa
L Lo-
.c
NES
a)•c0
>-�.Q
Yes, either
ADU Size Limits
No > 40% of primary residence
footprint. No < 300 sf. City may
approve larger with conditions.
CD
0
0
0)
A
z
300 sf min. but must be Tess than
960 sf. ADU floor area must not
exceed 33% of the four season
living area of the primary dwelling
(exclusive of the accessory
dwelling unit). The associated
single-family dwelling unit must
continue to meet minimum floor
area requirements.
No less than 300 sf and no more
than 960 sf, or 33% of the primary
residences footprint, whichever is
less.
Type of Permit
Required
a.
U
Permitted
accessory use
Zone 1
To
c
CD
cCD
Q=
.
ncO
.�c
~>
2 -year License
ADU registration
Zoning
District
Allowed
R-1 (40,000
sf min. lot)
CO
c
o
Cr) W
o 25
D O Uco
BJ
►
CC
i
No response
Not permitted
UR (Urban
Reserve)
R-1, R-2.5, R -
2A, R -2B, R -
2C, R -2D, R -
2E, R -2F
Single family
home
Not permitted
v
Apple Valley
(pop. 50,201)
Apple Valley
(pop. 50,201)
Bloomington
(pop. 86,319)
Brooklyn Park
a)
(E
q
r
m
Chanhassen
Cottage Grove
(pop. 35,399)
Eagan
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Eden Prairie
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Apple Valley ADU Ordinance
§ 155.382 ACCESSORY UNIT DWELLING.
(A) Purpose. The purpose of this section is to permit no more than one accessory unit dwelling (AUD)
in a one -family detached dwelling (R-1 district only) by conditional use permit. The R-1 zoning district
requires a minimum lot size of 40,000 square feet which ensures that additional housing will have less
impact on neighboring properties. Because this conditional use will be located in established one -family
residential districts (single family home neighborhoods), the installation and use of accessory unit
dwelling must be strictly controlled to avoid adverse physical, social, economic, environmental and
aesthetic impacts. By allowing only those accessory unit dwellings that are in compliance with all of the
performance standards of this section, the character and quality of existing neighborhoods will be
protected.
(B) Definitions. For the purpose of this chapter the following definition shall apply unless the context
clearly indicates or requires a different meaning.
ACCESSORY UNIT DWELLING ("AUD"). A subordinate habitable unit dwelling added to or created
within a one -family detached dwelling (hereinafter PRIMARY RESIDENCE ) that provides the basic
requirements of shelter, heating, cooking and sanitation.
(C) Conditional use permit required. No property within a one -family residential district shall have
more than one unit dwelling, unless a conditional use permit is first obtained from the city for an AUD.
(D) Performance standards. In addition to the provisions governing conditional use permits elsewhere
in this chapter, any AUD permitted by a conditional use permit hereunder shall meet the following
requirements:
(1) The primary residence must be located within an R-1 zoning district and have a minimum lot size
of 40,000 square feet.
(2) A property owner, which shall include title holders and contract purchasers, must reside in
either the primary residence or the AUD as their permanent residence. The property owner may be
absent from the property for a period not to exceed 180 consecutive days, but must reside in the home
not less than 180 consecutive days per calendar year, and during which period the subject property
continues to be the applicant's legal and principal residence.
(3) An AUD may not be subdivided or otherwise segregated in ownership from the primary
residence structure.
(4) An AUD's total floor area shall be no more than 40% of the primary residence's footprint and an
AUD shall not be Tess than 300 square feet. The City Council may approve a larger floor area where the
petitioner can demonstrate that the additional size is clearly subordinate to the principal dwelling, the
exterior changes to the house do not substantially alter its single family character and the resulting total
floor area and size of the house is consistent with the size of the homes in the immediate neighborhood.
(5) The lot area coverage from the primary residence, an AUD and all other impervious surface shall
not exceed 35% of the lot or parcel area.
(6) An AUD shall be designed and maintained as to be consistent with the architectural design, style,
appearance and character of the primary residence as a single-family residence. If an AUD extends
beyond the current footprint or existing height of the main building, such an addition must be consistent
with the existing facade, roof pitch, siding and windows.
(7) An AUD shall be located within or attached to the primary residence and shall not be permitted
in structures detached from the primary residence, including, but not limited to, accessory buildings,
detached garages, or workshops.
(8) An AUD may be created by the conversion of living space within the primary residence, but not
by conversion of garage space unless, thereafter, space is available for a two -car garage on the lot
without the need for a variance and the converted AUD complies with all state and city regulations and
codes.
(9) The total number of occupants in the AUD may not exceed three persons. The AUD shall contain
no more than two bedrooms.
(10) Two off-street parking spaces shall be required for the AUD, in addition to the two off- street
parking spaces required for the primary residence. In no case shall more than four motor vehicles be
parked outside of the primary residence.
(11) A home with an approved AUD shall not be eligible to obtain a permit to park additional
vehicles outside of the residence in conjunction with § 155.373(B)(1)(c).
(12) No more than one AUD shall be permitted on a lot or parcel.
(13) An AUD shall not be permitted if three AUDs exist, as permitted under this section, within a
radius of 2,640 feet (one-half mile) of the proposed AUD.
(14) Home occupations may be allowed, subject to existing regulations, but shall only be permitted
in either the AUD or the primary residence, but not both.
(15) The primary entrance to the AUD shall be located in such a manner as to be unobtrusive from
the same view of the building which encompasses the entrance to the primary residence.
(16) An AUD shall comply with all state laws, City Code requirements, and building, plumbing,
electrical, mechanical, and fire code regulations.
(17) The primary residence and AUD shall be created and maintained in compliance with the
property maintenance regulations set forth in the City Code.
(18) The primary residence and AUD shall be connected to municipal sewer and water.
(19) In order to encourage the development of housing units for people with disabilities, the city
may allow reasonable deviation from the City Code provisions to install features that facilitate
accessibility. Such facilities shall be in conformance with the UBC.
(20) AUDs shall be permitted only where it is demonstrated that the accessory unit will not have an
undue adverse impact on adjacent properties and where there will not be a substantial alteration of the
character of the neighborhood.
(21) An additional garage may be constructed, provided only one garage is visible from the public
street and complies with all state and city laws and regulations.
(Ord. 729, passed 6-26-03)