Shannon Fiecke of the Shakopee Valley News reports:

As more and more families move in together because of job losses or ailing parents, Scott County is considering a proposal that would make it easier for rural residents to do so.

So-called granny flats or mother-in-law apartments are suspected to already be tucked inside many basements and above garages, but they aren’t allowed under the county zoning code.

Scott County Planning Manager Brad Davis said his department has fielded requests from builders who would like to construct homes with separate living areas, and has had inquiries from residents who want to retrofit their homes.

“Accessory dwelling units” would be allowed under strict conditions
for relatives-only, under a proposal before the county board.

Commissioners will take the issue up after a 10 a.m. public hearing on a list of proposed zoning changes next Tuesday at the Scott County Government Center in Shakopee.

The county, the zoning authority for all 11 townships, is updating its ordinance following the completion of its 2030 land-use plan, which creates transition zones for areas that are expected to eventually urbanize.

Other zoning changes are also being considered include:

- a ban on “dynamic display” advertising signs or billboards;

- new landscaping and siding requirements for businesses;

- allowing farm-based retail shops and tourism-centered farms;

- and increasing the allowed size of home-extended businesses from 4,000 square feet to up to 6,000 square feet on lots 15 acres and greater.

MORE ON GRANNY FLATS

Apartments could be constructed with two bedrooms and up to 800 square feet large, provided that two parking stalls are provided and other conditions are met.

Tenants would need to be related to the family through blood, marriage or adoption.

While there was wide support for in-home apartments from the Planning Commission, there was disagreement on whether cottages or above-garage flats should be allowed because these may have greater propensity for being converted into rentals.

The ordinance as passed by the Commission allows external or internal units, with different rules and review.

The owner with an “accessory dwelling unit” would have to verify each year that a relative was still living there.

Once the relative moves out, the owner is supposed to make the unit unlivable or incorporate the area back into the house. This could mean pulling out plumbing and removing a stove and refrigerator or tearing down a wall.

There is a concern from some township officials that units will be turned into rental properties, even though doing so would be illegal.

There’s also a question of whether a family would go through the hoops of applying for a permit and investing in an apartment, if they must undo the renovation after their college student moves out or parent dies.

Commissioners acknowledged these types of units already exist illegally through the county.

“The need is there,” Commissioner Barbara Marschall of Prior Lake said. “When you look at some houses, there certainly is enough space.”

The handful of abuses that will occur with the permit are likely to be long overshadowed by compliance, suggested Commissioner Joe Wagner of Sand Creek Township.

“The idea of renting to a stranger on your property, I don’t think many would be that keen on it,” he said.

TOWNSHIP OPINIONS

Long-time Sand Creek supervisor Cy Wolf only recalls one request ever from a Sand Creek resident for a mother-in-law type apartment. It came “umpteen years ago” from a farmer who wanted a place for his or his wife’s mother to stay. The township board allowed it.
Wolf, the board chairman, said he doesn’t know enough about the proposal to give an opinion.

Most of the five-member Credit River Township board is opposed to the ordinance, said Chairman LeRoy Schommerr.

“How do you enforce it? Once there’s one there, the property gets resold. The (new) person says I have an apartment, I want to rent it,” Schommerr said. “It’s another can of worms they’re going to open up.”

Credit River supervisor Al Aspengrenl, meanwhile, favors allowing mother-in-law apartments under the right circumstances.

“I would suspect it’s happening already,” he said.

Davis said more cities in the metro area are adopting accessory dwelling unit ordinances, most recently Bloomington.

In Jordan, depending upon the zoning, it may be possible to have a duplex under certain conditions, such as providing a separate entrance to each unit.

The only other county in Minnesota Davis is aware of with accessory dwelling units is Waseca.

Waseca County Planning and Zoning Administrator Mark Leiferman said the units are allowed throughout most of the county, so long as the owner lives on site.

The ordinance was designed for farmers who want to continue living on their land after their children take over operations, said Leiferman, but he doesn’t think it has been used much, because units can only be up to 800 square feet.

Most would prefer to split off land for construction of an additional house, Leiferman said. And duplexes are allowed in Waseca County’s agricultural district, unlike Scott County.

Shannon Fiecke is a staff writer for the Shakopee Valley News. She can be reached at sfiecke@swpub.com.