07-887ORDINANCE
CITY
Presented By
PAUL,NIINNESOTA
Council File # -'"
Green Sheet # � (
33
An interim ordinance pursuant to Minn. Stat. § 462355, Subd. 4,
preserving the status quo regarding a residential property use
commonly lrnown as a"sober house" pending the completion of
studies of possible amendments to the City's official controls.
THE COUNCIL OF THE CTI'Y OF SAINT PAUL DOES HEREBY ORDAIN:
Section 1.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Statements of Le�islative Intent and Council Findin¢s: The City Council requested the Planing
Commission to undertake a zoning study of so-called "sober houses" because the City's zoning
code lacked a definition of a sober house and because the code lacked regulations that might
apply to sober houses.
The Council notes that City staff are nearing completion of the sober house zoning study. Staff
are in the process of preparing a report on the sober house study and will present the report to the
Commission together with any recommendations to amend the City's various official controls
through the enactment of new regulations and policies applicable to sober houses. However, the
Staff sober house study report and any recommendations from the Commission to enact new
regulations and policies for sober houses, based upon the study, may not be completed for
several months. Further, the Council's legislative process to consider recommendations from the
Commission that could lead to the adoption of new official controls to regulate sober houses may
also take several additional months.
The Council finds that the zoning code's lack of specific definitions and regulatory guidelines
for sober houses raises substantial questions relating to the ability of the City's present official
controls to assure compliance with the City's comprehensive plans. The Council further finds
that the zoning code's lack of specific definitions and regulatory guidelines for sober houses
increases the potential for incompatible or inconsistent development in the City's residentially
zoned districts. In particular, the Council finds that the lack of a sober house definition and
accompanying regulations can result in unintended development by over-concentrating this type
of use within any of the City's several planning districts. One goal of the interim ordinance is to
provide opportunity for the therapeutic benefits of sober houses without defeating the purpose of
such benefits tk�rough the over-concentration of sober houses which could fundamentally alter
residential neighborhood chazacter. The Council therefore finds the incompatible, inconsistent,
or unintended development of sober houses to be detrimental to the publids health, welfare and
safety which are protected by the City's official controls.
The Council further finds that the state of Minnesota recently amended the state building and fire
codes and that City staff are presently hying to establish a method to apply these new codes to
sober houses. This is important given the wide variety of residential structures that could be
converted from two and three family dwellings into a"single-famil�' occupancy known as a
sober house. Regulating this type of occupancy so as to protect the lives and safety of sober
house tenants is also a goal of this zoning study.
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
Finally, the Council notes that the zoning code, at Leg. Code § 60.110, strongly expresses as a
matter of policy that the City's zoning ordinances shall not be applied so as to prevent the City �
from making reasonable accommodations in the City's official controls as required by the Q� —��
Federal Fair Housing Act Amendments of 1988. The Council intends that this interim ordinance
be applied in a manner that is both consistent with L,eg. Code § 60.110 and the goals of this
interim ordinance.
Pending the results of the sober house study and any resulting amendment(s) to the City's
official controls, the Council finds that there exists an immediate need to preserve the status quo
with respect to sober house uses in order to protect the general health, welfare and safety of Yhe
public pending the conclusion of the said study. Therefare, consistent with the findings above,
the Council desires to immediately temporarily prohibit development on any parcel of land or
part thereof within the City until such time as the aforemenrioned study has been completed and
the Council has taken action on the recommendations contained therein.
Section 2.
Intent to Impose Moratorium on Sober House Uses; Duration, Limitation and Exemptions:
Pending complerion of the said study and any recommendations to adopt amendments to the
City's official controls and as provided by Minn. Stat. § 462.355, Subd. (4), the following shall
be temporarily prohibited for a period oftime not to exceed twelve (12) months from the
effective date of this ordinance: the issuance of building and zoning permits, certificate of
occupancy certifications or any other similar pemuts or approvals issued by the City for the
establishment of a sober house. This moratorium does not apply to present, legally established
sober houses. During the effective date of this interim ordinance, a person proposing to open a
sober house may apply to the appropriate city department for an accommodation which may,
upon a report on the accommodation request from City staff, be granted by the City Council.
Section 3.
Notice to Citv Deparhnents:
The cierk shall deliver a copy of this interim ordinance to the planning administrator, zoning
administrator and the planning commission.
�'�.�,.'�
.�
:.
.
Section 4. D � og �
6
Effecrive Date of Interun Ordinance Pertainine to Sober House Uses:
This interim ordinance shall take effect and be in force 30 days from and after its passage
approval and publication. However, for the purpose of calculating tune under Minn. Stat. §
462.355, Subd.4, the effective date of the moratorium under this interim ordinance shall be as of
the effecrive date of the resolution under Council File No. 07-830.
�
. � 'I, ' -�: .:
Requested by Departrnent of.
Adoption Ceriified by Council S
By: / / l/l//// / /Ji%� �//
Approved by Mayo . te �� — ��— � �
B C-0��
�
Fortn App ed by City Attomey
By: �7� �" �NMM� �( � (7— 0 ")
Form Approved by Mayor for Submission to Council
�
..
�
Adopted by Council. Date ��/��� U/
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
0����
Cp —Council
Contact Person ffi Phone:
Jay Benanav
266-8640
Must Be on GounCil Agentl
19-SEP-07
Doc. Type: ORDINANCE
E-Document Required: Y
Document Contact:
Contact Phone:
19SEP-07
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3044184
0 ncil
1 ouncil De artment Direc[or
2 ' Attorne
3 ouncil
4 i Clerk (5 Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of in[erim ordinance pursuant [o Mina S[at. 462355, Subd.4, preserving the status quo regarding a residen[ial property use
commonly known as a"sober house" pending the completion of studies of possibile amendments [o the City's official controls.
da[ions: Approve (A) or R
Planning Commission
CIB Commiflee
Crvd Service Commission
Must Answer
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has lhis person/firm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not nortnally possessed by any
curreni city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Fi nancia l I nformation:
(Explain)
Activity Number:
CostlRevenue Budgeted:
September 20, 2007 9:54 AM Page 1