HomeMy WebLinkAbout02/13/2017City of Apple
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
MONDAY, FEBRUARY 13, 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 JANUARY 11, 2017
4. DISCUSSION ITEMS:
a. CONTINUE DISCUSSION ON TEMPORARY FAMILY HEALTH CARE DWELLING
UNITS AND PROVIDE FINDINGS TO THE CITY COUNCIL
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\021317 Agenda.doc
CITY OF APPLE VALLEY
URBAN AFFAIRS ADVISORY COMMITTEE MINUTES
JANUARY 11, 2017
1. CALL TO ORDER
The City of Apple Valley Urban Affairs Advisory Committee meeting was called to order by Chair
Sharon Schwartz at 6:37 p.m.
Members Present: Barry Berg*, Sandy Breuer, Edwin Holmes, Walton Mahlum and Sharon
Schwartz
* Barry Berg arrived at 6:45 p.m.
Members Absent: Pamela Sohlberg
Staff Present: Kathy Bodmer, Planner and Alex Sharpe, Planner/Economic Dev. Spec.
Guests Present: Anita Burke, Apple Valley Resident.
2. APPROVAL OF AGENDA
Chair Schwartz asked if there were any changes to the agenda. Hearing none she called for a
motion.
MOTION: Holmes moved, seconded by Breuer, approving the agenda. Ayes - 5 - Nays - 0.
3. APPROVAL OF MINUTES OCTOBER 26, 2016.
Chair Schwartz asked if there were any changes to the minutes. Hearing none she called for a
motion.
MOTION: Mahlum moved, seconded by Holmes, approving the minutes of the meeting of
October 26, 2016. Ayes — 4, Nays — 0, Abstain — 1 (Breuer).
4. DISCUSSION ITEMS
A. Temporary Family Health Care Dwelling Units
Planner/Economic Dev. Spec. Alex Sharpe presented information concerning the estimated cost to
rent and install a Temporary Family Health Care Dwelling. He reported that Next Door Housing
rents the temporary units at a base price, with any improvements requiring an additional fee.
Sharpe described how the costs were estimated. Next Door Housing provided some of the
information, while installation costs were obtained from contractors and inspectors. Sharpe found
that the cost to rent the unit was $1,250/month or $15,000 year. However, the installation cost,
CITY OF APPLE VALLEY
Dakota County, Minnesota
Urban Affairs Advisory Committee Minutes
January 11,2016
Page 2 of 4
heating, cooling and septic pumping costs were likely to bring the total annual cost from $22,340 to
$26,120 per year. The inspectors noted that the electrical service would need to be trenched to a
pedestal and that water would likely to be required to be trenched as well. The estimated costs do
not include any additional care or support services.
Next, Sharpe reviewed the cost of assisted living at several different facilities in the Twin Cities
metro area. He noted that the average cost of senior assisted living in Minnesota is $3,362 per
month, or S40,344 per year.
The Committee asked more detailed questions about how the costs for a temporary health care
dwelling were calculated.
Planner Kathy Bodmer explained that one way to address temporary health care housing was
accessory dwelling units (ADUs). An accessory dwelling unit (ADU) is a separate independent
living unit within a single family home with separate kitchen, sleeping and sanitation facilities. She
explained that there are currently three in the City and that only properties that are zoned "R-1"
(Single family residential, minimum lot size 40,000 sq. ft.) or PD -703, Zone 1, (Cobblestone Lake
detached single family) are eligible to apply for a conditional use permit (CUP) for an ADU. She
reviewed some of the neighboring communities' ADU code provisions.
Holmes noted that constructing an addition onto a home could be very minimal to provide simply a
new bedroom and bathroom. If a homeowner constructed this type of addition, but the kitchen was
shared with the main house, would that be considered an ADU? Staff explained no, one of the
definitions of an ADU is separate kitchen facilities.
Schwartz explained that not all houses in Apple Valley will be able to construct an addition. She
had explored an addition on her previous 4 -level home, but found that the foundation could not be
expanded.
The Committee raised the concern that placing seniors in the basement of a home may be difficult.
Separate access to the unit may be difficult. An egress window with a ladder could also be difficult
for a senior to use.
The Committee noted that it would take time to construct an addition and it would also take time to
prepare a pad for a temporary health care trailer.
Anita Burke was asked to share any statement she would like concerning temporary health care
dwellings. She said that her family had explored placing a drop -home in their rear yard to care for
her mother. She explained that her mother was in the hospital and then was sent to a rehab facility.
Her experience was that after a patient is in the hospital, the patient has to go to the rehab facility
that is available. The location may not be near the family. Ms. Burke felt that she, as a stay at
home mom, along with her family, would have provided better care than the rehab facility. At a
reduced cost. But, because she has a large family, Ms. Burke did not have sufficient room available
inside the home to keep and care for her mother.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Urban Affairs Advisory Committee Minutes
January 11, 2016
Page 3 of 4
Ms. Burke wanted the Committee to keep in mind that the State Law was not intended to provide
just eldercare. The law covers anyone who needs help with two essential daily life activities. An
ADU is a good idea, she said, but families don't have time to construct an addition or do a
significant remodel. She noted that it takes time to widen doorways for wheel chairs and to make
bathrooms accessible. The improvements to increase accessibility are then a permanent change to
the house. A drop -home would give a family an accessible alternative to take care of a relative
while looking for other care options.
Burke toured the units and thought they were really nice inside. They were well designed. As her
family was investigating options, they knew they would be adding some extra care services. She
noted that the temporary unit would have more room than the mother had at the rehab facility.
Ms. Burke said she was aware that the law would only allow for a 6 -month permit which could be
extended for 6 months. She said she would have removed the trailer after one year.
Berg noted that City ordinances have to be narrowly written and that the law was restricted to only
those needing health care. He said that the unit would have worked in Ms. Burke's case, but he was
concerned that others might abuse the ordinance.
Holmes said that he could see the need is there, but the need for temporary health care can be met in
a less extravagant way. He asked why someone receiving care would need a separate living area
and kitchen. He said his opinion was that someone who is fragile should be kept close to the
family. Holmes questioned the need for a separate dwelling. He said he doesn't like the idea of
sticking an ill family member out in a garage, a pod or an RV.
Besides, the Committee asked, how would the City have a temporary health care dwelling removed
after one year if the person still needed the care?
Breuer said the fact is, there is a need for short-term emergency solutions. Care facilities have long-
term waiting lists. Families need to be able to find a way to ensure adequate care is given.
Schwartz asked whether drop -homes are permitted in other states and if so, to find their provisions:
New York, Virginia, Florida, Texas.
Schwartz asked how a family proves that the trailer is "medically necessary?" Ms. Burke explained
that the State law requires a doctor to certify that the person requires assistance with two essential
daily living activities.
The Committee then directed staff to research the cities previously mentioned and report the
findings at the next scheduled Urban Affairs meeting.
6. OTHER BUSINESS
A. Review of upcoming meeting.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Urban Affairs Advisory Committee Minutes
January 11, 2016
Page 4 of 4
The group reviewed calendars and decided the next meeting of the Urban Affairs Committee would
take place on Monday, February 13, 2017, at 6:30 p.m. at the Municipal Center.
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 8:56 p.m. Ayes - 6 -
Nays - 0.
Respectfully Submitted,
Kathy Bodmer, Planner
Approved by the Urban Affairs Advisory Committee
on Chair
City of Apple
ITEM:
URBAN AFFAIRS MEETING DATE:
SECTION:
4A
February 13, 2017
Discussion Item
PROJECT NAME:
Temporary Family Health Care Dwelling Opt -Out Ordinance Meeting 3
PROJECT DESCRIPTION
Consideration of recommendation to forward to City Council concerning Temporary Family
Health Care Dwellings
STAFF CONTACT:
Alex Sharpe and Kathy Bodmer
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
City of Apple Valley
PROJECT NUMBER:
PC 16-22-0
Project Summary/Issues
Introduction:
The Urban Affairs Committee was tasked with conducting further review of Temporary Family
Health Care Dwellings. The Committee met on October 26, 2016, January 11, 2017 and expects to
conclude its work at its February 13, 2017, meeting. The discussions have focused on how
families can best care for aging family members. Technically, the State Law was not intended just
to address elder care, but care for anyone who might need assistance with two or more
"Instrumental Activities of Daily Living." As the City contemplates how to become a more
welcoming and accessible community, it will create options and opportunities for persons of all
ages and all abilities.
At the January 11 meeting, the Committee requested additional information about the States that
currently allow temporary health care dwellings. The following information is provided:
• Recap of Previous Meetings
• Other State Provisions
• What Home Improvements are Needed for Accessibility?
• Additional Supports — Senior Day Centers
• Vitalocity! Efforts to make Apple Valley a Community for a Lifetime.
Previous Meetings:
City Council (Informal Meeting) June 9, 2016:
On May 12, 2016, the State of Minnesota enacted a law that required cities to either allow the
placement of Temporary Family Health Care Dwellings on residential lots through a permitting
process, or to enact an ordinance opting out of the State Law provisions. The City Council
discussed an opt -out ordinance at its June 9, 2016, Informal Meeting. The City Council concurred
that allowing families to care for convalescing relatives is beneficial to the community. However,
they stated that it would be better to encourage home owners to make improvements to their
primary structures, rather than have temporary dwellings stored on driveways or in back yards.
City Council July 28, 2016:
At its meeting of July 28, 2016, the Apple Valley City Council voted unanimously to adopt
Ordinance No. 1013 that "opted out" of a State Law that required cities to allow temporary family
health care dwellings. At the meeting, the City Council voted to adopt the opt -out ordinance, but
directed the Urban Affairs Committee to conduct further review of the use of the dwelling units,
considering not only impacts to families in need, but also to adjacent properties and
neighborhoods. The City Council noted that accessory dwelling units are allowed in certain
circumstances and these provide options that remove the neighborhood impacts, placing care
options in the regular home.
UAC October 26, 2016:
The Urban Affairs Committee was introduced to temporary family health care dwellings and some
of the benefits and issues that City staff identified. Staff provided an overview of the State Law
that was enacted in May 2016. The UAC asked staff to provide more information about the units
and to research some of the installation and on-going maintenance costs.
UAC January 11, 2017:
The UAC discussed the temporary units in more detail. The cost for the installation of the units,
the rent, and estimates of some of the on-going costs were presented. Interviews with City
Inspectors indicated that the electric service and water service would both need to be run
underground to the unit and that the unit would need to be placed on a paved pad. The costs of
limited assisted care options were compared to the temporary dwellings. Staff also introduced the
City's accessory dwelling units (ADU) ordinance. The committee discussed the differences
between the temporary health care dwellings and ADUs.
A resident of Apple Valley attended the meeting and shared her family's story related to temporary
family health care dwellings. The resident reported that her family was interested in renting a
temporary health care dwelling to care for an ailing family member. The Committee was able to
ask the resident specific questions about the temporary units and why she felt they were a good
idea.
Other State Provisions:
Temporary Dwellings Laws In Other States
At the last meeting of Urban Affairs the Committee asked staff to provide research on other states
laws and local regulations for Temporary Family Health Care Dwellings. Four other states with
laws similar to the Minnesota law were researched; these states are Connecticut, North Carolina,
Tennessee, and Virginia. At the last meeting, the committee mentioned the states of New York and
Texas as those that have adopted similar laws. Staff could not locate a state law in New York but
found several local ordinances, and felt that Texas was not a good comparison state. In Texas,
many cities do not use zoning regulations, including Houston. This unique aspect of Texas places it
as an outlier.
Prior to the state of Connecticut adopting a health care dwelling law their state congress directed
The Connecticut General Assembly Office of Legislative Research to investigate similar state
laws. These laws were compiled into a comprehensive table comparing the Minnesota law to the
other states. Connecticut adopted hybrid of several state laws, but is most similar to Minnesota's.
Minnesota adopted the most stringent laws regarding these dwellings, and was the first to include
an "opt -out" option. In the table, Minnesota is the only state with a fixed timeframe that the units
can be utilized. Connecticut's law did adopt a one year maximum to parallel Minnesota.
Most states require that the structure meet building codes for prefabricated structures, including
Minnesota. Where Minnesota was less stringent was the connection to utilities. Minnesota law only
required "access to water and electric utilities" while several other states allowed the local
jurisdiction to require "connection" to water, sewer, and electric utilities. Connecticut law required
these connections and that they be connected in accordance with all building, electric and sanitary
codes. The Minnesota law does not provide guidance or allowance for local jurisdictions on this,
which has been a source of discussion for the committee.
Of the states which have adopted Temporary Family Health Care Dwellings laws, Minnesota is the
coldest and has the greatest temperature variation between seasons. Most of the states shown do
not have the same concerns for pipes freezing or heating the units, which adds a layer of
complexity.
What Home Improvements are Needed for Accessibility?
Projects to modify homes to increase accessibility vary widely depending upon a person's needs.
The AARP estimates that 87% of people age 65+ want to stay in their current home and
community for as long as possible'. In order to age in place, and in order to accommodate an ill or
convalescing family member, it may be necessary to make modifications to the home to make it
accessible, safer and more comfortable. It could mean modifying a living, family or dining room
to adapt to the needed use for a period of time. In-home improvements can range from simply
installing grab bars in the shower and lever pull door handles, to installing stair lifts and elevators.
Another variable is whether a person chooses to make improvements themselves or hire
professional contractors. Below is a list of accessibility modifications with rough cost estimates:
Improvement
Estimated Cost
Widen doorways for wheel chair
$400 to $600 each
Install lever -style doorknobs
$20/each
Grab bars in bathroom (professionally installed)
$100/each
Replace flooring with slip -resistant material
$3 to $5/sq. ft.
Install wheel chair ramp
$1,500
Adjust kitchen countertops (reduce from 34" to
30")
$5,000 for 30 linear feet
Chairlift
$3,000 - $4,000
Elevator
$20,000
Source: "Aging in Place: Home Renovations for Seniors," NerdWallet.com, April 4, 2016
A privacy screen for an open area like a living room or family room might cost $150 to $250. An
accessible shower depends upon the materials used, ranging from a fiberglass insert to a tiled zero
entry shower/spa. Toilets can be made more accessible by installing a taller stool ($200 to $300),
an elevated seat (S50) with the installation cost between $450 and $700 for a new stool (Source:
HomeAdvisor estimate).
Mark Cook, of Affinity Services (St. Paul) says the majority of his business is renovating and
retrofitting homes and offices for accessibility. His most common modifications are widening
doorways and installing bathroom grab bars. Costs can only be determined on a case-by-case
basis. If a door is being made wider, is the wall load bearing? Can a wheel chair turn around in the
1 AARP PPI, "Preferences of Older Adults," April 2014
bathroom? Are the improvements builders grade or are they top of the line finishes? At this time,
Mark's company focuses on remodeling for accessibility.
Carl Loge, Next Day Access (Hudson, WI), also does remodeling for accessibility. His primary
business is installing aluminum modular wheel chair ramps that can be rented for a short term need
or purchased for a long-term improvement. In addition, his company often installs grab bars to
help prevent falls. One of the things his company has done to improve wheel chair accessibility is
to install off -set hinges on doors which increases the doorway width by 2". Mr. Loge said his
company is small and he is able to deploy his workers to make improvements the next day.
What Other Supports are Available?
When a family decides to care for an elderly family member in their home, several supports in
addition to housing modifications, are needed. In-home services for chores, personal care and
health services are options. One option for support would be senior day centers.
Senior Day Centers
Several elder communities and retirement homes also specialize in senior day centers, also named
adult daycare, or adult day communities. These day communities do not house the senior, but give
them a safe place to stay and meet new people during the day. The hours are typically 7:30 a.m. —
5:30 p.m. and allow a senior to be in a welcoming environment with scheduled activities, therapy,
and community. Senior day centers must be licensed by the state and typically include the
following:
• An RN on duty, allowing dispersal of medications and emergency care
• Scheduled activities for seniors
o Pool aerobics
o Stretching in place
o Games
o Dancing
o Fieldtrips to community events
• Physical exercises are required by the state and are approved by a physical therapist
• Resources for primary caregivers
The popularity of senior day centers has been increasing, as it is a more affordable option than
senior housing. Augustana charges $84 for 6 hours and $14 an hour for each hour beyond 6, which
according to Augustana is a fairly standard rate in the senior day community. In comparison, most
in-home care is $25 an hour and requires a minimum of a 3 hour commitment.
Many day centers are specializing in memory care, as this is a growing community needing
assistance. Some senior day centers are also combining child and senior care which creates a
dynamic environment for both parties. Additionally, some families are able to combine their senior
and child care location and allow regular interaction.
Apple Valley - a "Community for a Lifetime"
Vitalocity
In 2014, the City of Apple Valley partnered with a team of experts to help define the attributes of a
"Community for A Lifetime". It became a strategy called Vitalocity!, and was the subject of a 3-
day workshop held in the fall of 2014. Vitalocity! is an effort led by the private market to better
incorporate aging -friendly principles into communities' social, economic, and physical
infrastructure. Though other cities have created strategies for aging -friendly cities, Apple Valley is
the pilot city for the Vitalocity! initiative. The initiative was led by a partnership consisting of the
City in conjunction with several corporate and non-profit leaders in the field of aging.
The 2014 workshop, which was open to residents and businesses, was designed to help develop a
"roadmap" that could be incorporated into the City's 2040 Comprehensive Guide Plan, which will
be completed in 2018. Participants in the workshop identified four main areas of focus that were
further broken into nine themes common to aging -friendly communities. The themes include:
• Housing
• Transportation
• Safety
• Social Participation
• Respect and Social Inclusion
• Outdoor Spaces and Buildings
• Communication and Information
• Civic Participation and Employment
• Community Support and Health Services
In the spring of 2015 the City Council accepted a presentation of the culmination of research and
ideas for Vitalocity! The slides on housing are attached to this report. The presentation to City
Council and review of the temporary dwellings by the Urban Affairs Committee demonstrate the
City has been and will continue to be committed to aging in place, exploring new housing
solutions, and being a community for a lifetime.
Proposed Action
Staff prepared a draft recommendation to forward to the City Council. The recommendation is in
draft form and the Urban Affairs Committee may wish to further refine it. If the Urban Affairs
Committee concurs with staff's findings, staff recommends the following motion:
Adopt the following findings and recommendation to forward to the City Council:
On July 28, 2016, the Apple Valley City Council considered a State Law regulating
Temporary Family Health Care Dwellings. At that meeting, the City Council voted
unanimously to "Opt -out" of the State Law provisions, but asked the Urban Affairs
Committee to conduct additional review of the structures and to provide its findings back to
the City Council. The following are the Urban Affairs Committee's findings:
1. Families and individuals sometimes need to find affordable health care for ill, disabled
and elderly family members quickly.
2. Temporary Family Health Care Dwellings were suggested as a temporary, affordable,
and quick -to -deploy alternative to allow families to care for ill, injured and convalescing
loved -ones near the family for a limited period of time.
3. The Urban Affairs Committee reviewed the dwellings in more detail and found that
there are some benefits to the units, but that there are building code, zoning code, and
public safety issues that outweigh the benefits of the units at this time (see attached "Pro
and Con" list).
4. Allowing families to care for convalescing relatives is beneficial for the community.
5. The City of Apple Valley residents are aging and innovative solutions should continue to
be explored to provide families health care and support options. Expanding the use of
Accessory Dwelling Units would be one tool to enable families to care for family
members.
6. The City of Apple Valley should continue the work that began in 2014 and 2015 to
create a community for a lifetime which became Vitalocity!
7. Vitalocity! found that in addition to housing the following nine elements are needed to
create a community for a lifetime. Seniors need access to:
a. Housing choices and adaptations
b. Transportation choices including transit
c. Safe spaces and surroundings
d. Civic participation and employment
e. Communication and information
f. Community support and health services
g. Accessible public outdoor spaces and buildings
h. Respect and social inclusion
i. Social participation
8. The principals that make a community accessible to seniors will also benefit families and
persons with special needs. A Community for a Lifetime is accessible and welcoming to
persons of all ages and abilities.
Therefore, the Urban Affairs Committee recommends no change to the Temporary Family
Home Health Care Dwelling Opt -out Ordinance, but that the City continue the work of
Vitalocity! to ensure the City of Apple Valley is a vibrant, accessible, convenient and safe
community for persons of all ages and all abilities - a Community for a Lifetime. Apple
Valley should continue to explore opportunities and programs that allow families to use and
improve their homes to meet their family's needs.
Budget Impact
N/A
Attachment(s)
1. Urban Affairs Temporary Home Health Care Dwellings Pro -Con List
2. Ordinance No. 1013
3. MN Statutes Section 462.3593 (Laws 2016, Chapter 111, Section 3) Governing Temporary Family Health
Care Dwellings.
4. Comparison Table of States' Temporary Health Care Dwelling Laws
5. Vitalocity! Slides 2015
6. Access Solutions 10 Universal Design Tips
7. Star -Tribune Article, "Bloomington couple re-engineer '90s house for multigenerational living, " (May 14,
2016)
Temporary Family Health Care Dwellings Pro and Con List
Urban Affairs Findings
Pros
Cons
Marketed as a quick housing option for temporary
care
City Council adopted resolution opting out of ordinance
and set set policy that these units do not fit the
community
Units are pre -constructed to be handicap accessible.
(Ramp may be needed to access front door.)
Trailers parked in rear yards could effect neighborhood
character
r
Separate living space for ill or injured person
- offers privacy and independent style living while
being close enough to receive supportive care from
family in main home.
Safety of the inhabitant in the unit would be difficult for
the City to monitor and regulate
Offers a less expensive alternative than a building
addition
The unit is small and the resident may feel cramped and
isolated.
ADU's are a permanent addition and may create
increased density; temporary dwellings will be
removed eventually and would not increase density
When the cost of maintaining the unit is considered, the
yearly cost of the unit is not as inexpensive as marketed.
Allows family to care for inhabitant easier than an
assisted living facility
Building and Electric codes need to be met for safety
reasons, increasing the cost of a temporary installation.
City Inspectors have determined that electric and water
would have to be trenched underground to a pedestal.
Market as a less expensive alternative than an
assisted living facility
The unit has substantial upfront improvement costs for a
temporary use including paving a pad, extending water
and electric to a pedestal, adding water and electrical
capacity, construction of a ramp, if necessary, for access
to the unit.
City code requires that all homes must be placed on a
permanent foundation. City Code and State Building
Code do not address temporary living quarters.
City Code Requires that all homes must have a minimum
width of 18', the temporary units have an 8' width
City code would require the unit to be on a paved surface
if it were not placed on a permanent foundation,
increasing costs
The unit separates the inhabitant from the main home
and residents raising a concern of isolation and
availability of care and supervision.
Temporary Family Health Care Dwellings Pro and Con List
Urban Affairs Findings
Pros
Cons
Emergency services may have difficulty knowing where
the infirmed person is located, the main home or the
temporary unit
The units will have electric heat and will be expensive to
heat in winter months
Access to the unit for the inhabitant will need to be
maintained
-a paved walkway may need to be installed
Access for septic pumping will need to be available and
may disturb neighboring properties
The septic tank will need to be pumped regularly
State law does not provide guidance on how the City will
regulate the safety of the inhabitant
State law does not provide guidance for the City if the
unit is inhabited longer than the maximum of one year
Installation of the units may be difficult without access
onto neighboring properties
The designers of the units have not made clear what will
be done with "grey water"
- It is a health and safety hazard to dump "grey water"
onto a yard
An apartment or other temporary housing option does
not require permanent investment
(Pros) and Cons of Temporary Family Health Care Dwellings
To be Added to Existing Urban Affairs Findings
(Ed Holmes Suggestions)
1. Inspection and enforcement codes and regulations relating to the units will add a
considerable burden on the City's limited resources.
2. Following use, a removal of the unit will be expensive, which if handled properly, will
require sufficient up front funds to be placed in trust to pay for the removal.
3. Additional funds should be placed in trust at the outset to cover the costs to the City in
conducting its inspection and enforcement activities made necessary by the existence of the unit
infrastructure.
4. Construction of the necessary improvements will result in a de facto permanent home on
a lot zoned for, and already containing, a single family residence.
5. The existence of the unit or units will impact the character and aesthetics of the
neighborhood.
6. The existence of less intrusive and expensive alternatives, such as an added bedroom,
minimizes the utility of the units.
7. The addition of such a unit next to a home amounts to a de facto remodel of the home,
but with the numerous downsides mentioned in this list and without the advantages of an added
bedroom which would allow for closer supervision and better care of the invalid.
8. It is not within the purview of the City to ensure that all home owners have homes large
enough to house their families however large the families might be.
9. The neighbors have purchased their homes with the idea that the zoning laws in existence
at the time of purchase will be enforced and not be bypassed or altered with the construction of
these units which may impact the resale value of the neighbors' homes.
10. The utility of the units is greatly minimized when balanced against the adverse impact on
neighborhood cohesion, the risk of disputes between neighbors, the expense to the homeowner
and City, the need for additional City resources to monitor each unit, the questionable safe
environment afforded to the inhabitant of the unit, and the possible impact on property values
caused by the construction and placement of the unit.
CITY OF APPLE VALLEY
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA,
AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" BY
ADDING SECTION 155.500 UNDER WHICH THE CITY "OPTS -OUT" OF
THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593
(LAWS 2016, CHAPTER 111, SECTION 3) GOVERNING TEMPORARY
FAMILY HEALTH CARE DWELLINGS
The City Council of Apple Valley ordains:
Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by adding
Section 155.500 to read as follows:
§ 155.500. OPT -OUT OF TEMPORARY FAMILY HEALTH CARE DWELLING
ZONING LAWS.
(A) Purpose. On May 12, 2016, Governor Mark Dayton signed into law the creation and
zoning regulations of temporary family health care dwellings, as defined in and codified as
Minn. Stat. § 462.3593 (Laws 2016, Chapter 111, Section 3). This new law provides that a
municipality may, by ordinance, "opt out" of the application of the requirements of this new law.
Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, it is in the
best interest of the City and its residents that the City of Apple Valley not be subject to the
mandates of Minnesota Statutes, Section 462.3593 requiring temporary dwellings be allowed in
residential districts.
(B) Exercise of Opi-out. The City opts out of the application of the requirements of Laws
2016, Chapter 111, section 3, codified at Minn. Stat. §462.3593, and accordingly the provisions
therein shall not apply within the City.
Section 2. Effective date. This ordinance shall be effective immediately upon its passage
and publication.
PASSED this 28th day of July, 2016.
ATTEST:
Chapter 111 - Minnesota Session Laws Page 4 of 6
Sec. 3. 1462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms
have t meaning_given.
(b) 'Caregiver' means an individual 18 years of age or older who:
(1) provides care for a mentally or physically impaired person; and
(2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
(c) "Instrumental activities of daily livinG" has the meanincr Given in section
25611.0659, subdivision 1, paragraph (i).
(d) "Mentally or physically impaired person" means a person who is a resident
of this state and who re uires assistance with two or more instrumental activities of daily
livinQ as certified in writino by a hysician, a Thvsician assistant or an advanced -wactice
reGistered nurse licensed to
-actice in this state.
(e) "Relative" means a spouse. parent. Qrandparent, child, grandchild, sibling,
uncle. aunt r e hew. or niece of the mentally or physically impaired person. Relative
includes half., step, and in-law relationships.
(0 "Temporary family health care dwelling" means a mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person that meets the requirements of subdivision 2.
Subd. 2. Temporary family health care dwelling. A temporary family health care
dwelling must:
(1 be -wimarilv assembled at a location other than its site of installation:
(2) be no more than 300 gross square feet;
(3) not be attached to a permanent foundation:
(4) be universally designed and meet state -recognized accessibility standards;
Laprovide access to water and electric b connecting to the
utilities that are serving the principal dwelling on the lot or by other comparable means;
https://www.rev isor.mn.gov/laws/?id=111&year=2016&type=0 5/31/2016
Chapter 111 - Minnesota Session Laws Page 5 of 6
(6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction.
(7) have a minimum insulation rating of R-15;
(8) be able to be installed, removed, and transported by a one -ton pickup truck as
defined in section 168.002, subdivision 21b, a truck as defined in section 168.002,
subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38;
(9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2: and
(10) be equipped With a backflow check valve.
Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality
has designated temporary family health care dwellings as permitted uses, a ternagrary
family health care dwelling is sub'ect to the rovisions in this section. A tem )ora family
health care dwelling that meets the requirements of this section cannot be prohibited by a
local ordinance that regulates accessory uses or recreational vehicle parking or storage.
(b) The caregiver or relative must apply for a temporary dwelling permit from
the municipality. The permit application must be signed by the primary caregiver, the
owner of the ro ert on which the tem )orary farad health care dwellin will be located
and the resident of the pro tn/ if the property owner does not residetijpQpgj.and
include:
(1) the name, address and tele hone number of the )ro.erty owner the resident
ofthe property ildifferent from the owner, and the primary caregiver responsible for the
care of the mentally or physically impaired person: and the name of the mentally or
pijvsicalivnn )aired Jerson who will live in the tern )orary family health care dwellin •
(2) proof of the provider network from which the mentally or physically
impaired person may receive respite care, primary care, or remote patient monitoring
sery ices;
(3) a written certification that the mentally or physically impaired person
requires assistance with two or more instrumental activities of daily living signed by a
physician, a physician assistant, or an advanced practice registered nurse licensed to
practice in this state:
(4) an executed contract for septic service management or other proof of
e uate se tic service manauement.
(5) an affidavit that the applicant has provided notice to adjacent property
owners and residents of the application for the temporary dwelling permit; and
(6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
(411he temporary family health care dwellin must be located on )ro ert
where the caregiver or relative resides. A temporary family health care dwelling must
comply with all setback requirements that apply to the primary structure and with any
maximum floor area ratio limitations that may apply to the primary structure. The
temporary family health care dwelling must be located on the lot so that septic services
and emergency vehicles can gain access to the temporary family health care dwelling in a
safe and timely manner.
(d) A temporary family health care dwelling is limited to one occupant who is a
mentally or physically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
https://www.revisor.mn.govilaws/?id=111&year=2016&type=0 5/31/2016
Chapter 111 - Minnesota Session Laws
(e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law. local ordinances, and charter
provisions.
Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is
valid for six months. The applicant may renew the permit once for an additional six
months.
Subd. 5. Inspection. The municipality may require that the permit holder provide
evidence of compliance with this section as long as the temporary family health care
dwelling remains on the property. The municipality may inspect the temporary family
health care dwelling at reasonable times convenient to the care Jiver to determine if the
tenrorary family health care dwelling is occupied and meets the requirements of this
section.
Subd. 6. Revocation of permit. The munici ma revoke the tem orar
dwelling permit if the permit holder violates any requirement of this section. If the
municipality revokes a permit, the permit holder has 60 days from the date of revocation to
remove the temporary family health care dwelling.
Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may
charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.
Subd. 8. No public hearing required; application of section 15.99. (a) Due to the
time -sensitive nature of issuing a temporary dwelling permit for a temporary family health
care dwelling,the municipality does not have to hold a public hearing on the application.
Lb) The procedures ooveminiz the time limit for decidin an al plication for the
temporary dwelling permit under this section are governed by section 15.99, except as
provided in this section. The municipality has 15 days to issue a permit requested under
this section or to deny it, except that if the statutory or home rule charter city holds regular
meetings only once per calendar month the statutory or home rule charter city has 30 days
to issue a permit requested under this section or to deny it. If the municipality receives a
written request that does not contain all required information, the applicable 15 -day or 30-
dav limit starts over only if the municipality sends written notice within five business days
of receipt of die re uest tel lino- the rer uester what information is rn issino. The munici ality
cannot extend the m,riod of time to decide.
Subd. 9. Opt -out. A municiity may by ordinance opt -out of the ecuirments f
this section.
Sec. 4. EFFECTIVE DATE. This act is effective Se tetLBL6.11-0“)Iies to
temporary dwelling permitapplications made under this act on or after that date.
Presented to the governor May 12, 2016
Signed by the governor May 12, 2016, 1:27 p.m.
Page 6 of 6
https://www.revisor.mn.gov/laws/?id=111&year=2016&type=0 5/31/2016
Comparison of States' THS Laws
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November 21, 2016
Table 1 (continued)
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Table 1 (continued)
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2016-R-0299
November 21, 2016
Table 1 (continued)
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2016-R-0299
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Fiovikes fo r
Changes for Convenience and Livability
3 ntrex
ACCE SSOL UTONS
What is the Homes for a Lifetime — Outreach Project?
Access Solutions and MAAA (Metropolitan Area Agency on Aging) have partnered to provide
information and outreach to consumers to provide resources and support to older adults to continue
living independently by implementing simple, cost effective home modifications and/or features to
lower the risk of falls and promote active living. The purpose is to provide ideas and resources on
how to make their living space safe and livable as they live.
What is Aging in Place?
Aging in Place is the ability to live in one's own home and community— wherever that might be- for as
long as safely, confidently and comfortably possible. Livability may be enhanced and extended
through the incorporation of services and features, such as universal design.
What is Universal Design?
Universal Design is the design of all products and environments to be as usable as possible by as
many people as possible regardless of age, ability or situation without the need for adaption or
specialized design. It is the idea of making things comfortable and convenient for as many different
people at as many stages of life as possible.
5 BASIC PRINCIPLES of a Universally Designed Home
1. Usable — Designs are uncomplicated, safe, well suited to their purpose, and can be
easily used by people with differing abilities.
2. Adaptable — The home can be cost effectively and simply adapted to meet people's
changing needs over time, or to suit different users.
3. Accessible — Everyone can easily access the home and move around freely within it.
Particular attention will have been given to transition points such as pathways and
doorways, and access to and from transport.
4. Inclusive — The design accommodates everyone regardless of age, size, or ability. Groups
are not segregated by the design.
5. Lifetime Value — Homes and products are not expensive, but they are valuable and
remain so over time. What's more, they save the user money, time and energy through
effective design. They can be easily adapted for a relatively low cost.
For more information:
• Home Modifications Fact Sheet (www.aoa.gov/aoaroot/press_room/products_materialsifact/pdf/home_modification.pdf)
• National Association of Home Builders (www.nahb.orgireference_list.aspx?sectionID=1217)
• National Resource Center on Supportive Housing and Home Modification (www.homemods.org/)
• Center for Energy and Environment (www.mncee.org/)
• Minnesota Housing Finance Agency
(www.mnhousing.goviwcs/Satellite?c=Page&cid=1358904985835&pagename=External%2FPage%2FEXTStandardLayout)
• Lifetime Home Project (www.lifetimehome.us/)
For more information contact: Access Solutionsi Ph 612.238.54291 AccessSolutions.org
1--f- o e s for 01 Leti,VIA,e:
Changes for Convenience and Livability
entrex
10 Simple Universal Design Tips
OLUTPONS
Universal Design Feature
Description
1. Grab bars
Add grab bars in bathroom in general at:
1. tub/shower
2. across from toilet
3. next toilet
2. Raised height toilet
Replace existing toilet with comfort height toilet
OR
Add raised toilet seat to existing toilet
3. Lever handles
Replace all or majority of door knobs with lever
handles
4. Railings at stairs
Add railings at exterior stairs
Add railings at interior stairs
5. Lighting
Add additional task and general lighting
6. Contrast at stairs
Add permanent or semi-permanent contrast at
stair treads
7. Neutralize thresholds at doorways
Modify thresholds with transition strips or
threshold ramps to be 1/2" or less
8. Easy access to kitchen storage
Add pull out shelves, lazy susans, drawers etc.,
for ease of use
9. Adjustable height hand held
shower head
Replace existing shower head with showerhead
with controls that are easy to access and
operate
10. Easy access closet storage
Add varied height shelving and rods at closets
for ease of use
For more information contact: Access Solutions 1 Ph 612.238.54291AccessSolutions.org
Bloomington couple rework '90s house for multi generational living - StarTribune.com
VARIETY
Bloornington couple re-engineer '90s house for multigenerational
living
A Bloomington couple re-en'neeredthehousetheybuilt)nthe'9Os-creatingbetterspacesfor
today and for muItigeneratonaI living.
By Kim Paimer Stat Tribune
MAV 14. 2016
When Joan and Reed Nelson built their house 22 years ago, it was a great fit for a young family
with three active boys. The Nelsons installed a pool in their big backyard and a full kitchen on
the walkout lower level where they hosted their sons' soccer -team parties. "It served us well.
raising three kids," said Joan of their west Bloomington two-story.
Over the years, the Nelson family changed. Joan's father died, and her widowed mother needed
more day-to-day help. Their three sons were now young adults with independent lives.
But the house didn't change with them. It lacked some of today's amenities that the couple
craved, including a master suite and a more open layout on the main floor. "We wanted better
entertaining space," said Joan. 'We host big gatherings, and the kitchen was cramped."
They considered building a new house from scratch and looked at several lots. But nothing was
as appealing as the Iocation they already had, with its p001, a big yard for their dog, and a
nearby nature center with wooded views and lots of wildlife.
'Were close to freeways, the airport and [Reed's] work," Joan said. "If we moved, we'd be
farther out." So they decided to reinvent their existing home.
The couple began brainstorming ways to reconfigure the spaces they had. Their two-story
family room and foyer wasted a lot of space. If they lowered the vaulted ceilings. they could
create second -floor space for a master suite with a new bath and a big closet. If they reworked
the Iayout on the first floor they could get a roomier, more workable kitchen and mudroom.
Andiftheyrernode/edtheir|ovvep|eve/farni|yroornandW1chen,theycou|dcreateaninviting
apartment for Joan's mother.
To carry out the ambitious whole -house transformation, they turned to Amek Custom Builders
of Bloomington. Many ofAmmek's recent pjects have involved converting traditional single-
family houses into multigenerational homes, said owner Matt Schmidt.
"For sure it's a trend," he said. "When the economy crashed, people started moving in together
to avoid nursing homes.t, The economy has improved, but the trend continues, in part, he said,
because the baby boomers are getting older.
Bloomington couple rework '90s house for multi generational living - StarTribune.com
While most multigenerational projects require adding space, the Nelsons just needed to make
better use of the square footage they already had. "'They happened to have this great space
partially set up," Schmidt said of the lower level with its existing kitchen.
Reworking the upstairs was a bit more complicated. To create the new master suite. Amek built
a new master bath in what used to be one of the boys' bedrooms.
"It was challenging to get the plumbing into an area with no plumbing," Reed said. (The
couple's former bedroom is now a workout room.)
On the main floor, a small addition added 100 square feet. creating space
for a bigger mudroom and a dog wash, complete with fioor dram, for
Billy, their large go/dendood|e.
"It's a small area, but it makes a big difference. Schmidt said.
"Before, Biiiy used to have to come in on wood fioors, tracking in snow
and mud," Joan said.
New style
Originally, the Nelsons wanted a modern look for their "new" and improved home. 'We started
out wanting reaiiy contemporary, then we switched gears," said Joan, who did the interior
design. "I'd call it rustic contemporary."
Rustic touches include ceiling beams in the family room made of Douglas flr from their lake
piace. Reed's home office, once separated from the family room by a wali, now opens into the
room with barn -style vintage auditorium doors that they found at Architectural Antiques. "If
he's doing work in there. we can stili feel together," Joan said.
During the p'ect,iheNe|sonsreusedandrepurposedvvhatrnateha|stheycou|d.ASi|estone
countertop from upstairs now tops a bank of cabinets in Joan's mothers apartment. They also
moved their washer and dryer downstairs, to create her laundry room. Doors and flooring were
reused as much as possibie; those that couidn't be repurposed were
posted on CraigsUst or given away.
The Nelsons had hoped to repiace the maple floors on their main level with acacia wood, the
flooring they chose for their new master bedroom. "it's dog -proof," Joan said. But the budget
wouldn't allow it, so instead they stained the existing maple dark ebony with a matte finish for
an updated look.
The basement apartment was remodeled firstthen the Nelsons moved downstairs while the
Bloomington couple rework '90s house for multi generational living - StarTribune.com
challenging," said Joan. At one point, she escaped construction by retreating to the lake while
Reed stayed behind, sleeping on a bed encircled by plastic sheeting.
But now that the project is complete, the reworked house was worth the
wait.
'The kitchen is so nice and functional," said Joan. 'We entertain every week, sometimes twice a
week." When guests gather around the center island, there's still plenty of room to maneuver.
'We had 75 people here for a party for Reed's dad's 80th birthday," she said.
All in the family
Having Joan's mom under their roof gives her mother financial freedom and also makes it easier
for the Nelsons to help her with day-to-day tasks. "It's very comforting and convenient," said
Joan. 'We don't have to hop in the car at 2 a.m. because her thermostat dropped and she's
cold. We can go right downstairs and talk her through things."
Jan helps them out, too, making it a win-win. "Now we have a built-in dog sitter," Reed noted.
Jan is happy in her new apartment, where she has her own garage stall, her own patio and
plenty of light for doing her artwork. "It's wonderful," she said. "I've got Joan and Reed here,
and it's close to anything I want."
"The boys come home, and they get to see Grandma," Joan said.
The Nelsons' reworked home also accommodates their sons' comings and goings. One son,
recently married, moved briefly back into his parents' home with his new bride for a few weeks,
as a "steppingstone" to a home of their own.
Youngest son, Quinn, 24, has been living at home for several months, while attending a
computer programming boot camp. 'It definitely has its upsides," he said of living with his
family. "No rent." On the downside, "I do sacrifice some my autonomy. But we have a great
relationship, which makes things pretty easy,"
Multigenerational living is "not without its challenges," Joan said. "Mom has 24;7 access to us,"
which sometimes means interruptions to their routine when she needs tech support
But the benefits are worth it, said Reed. "It's been a blessing in so many
ways."
kim.palmel@startribune.com 612-673-4784 StribKimPalmer
5/16/2016
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