Minnesota Town Denies Family Permission To Build Affordable Housing Unit on Their Property
Like many cities in the United States, Blaine, Minnesota, is facing a housing shortage. In 2021, the city took steps to address this issue by passing Local Ordinance 21-2489, which permitted property owners in residential districts to construct an accessory dwelling unit (ADU)—a self-contained, mini-home—on their properties. While the ordinance was designed to bring more housing to Blaine, the City Council has yet to approve an ADU and recently denied an application to a local family who is looking to build an affordable housing unit on their property. The family is now suing the city.
In March, Blaine residents Alex and Lynda Pepin submitted their application for a conditional use permit (CUP) to build an ADU on their property, which would provide affordable housing for families struggling to get back on their feet. The detached ADU was expected to cost the Pepins between $130,000 and $140,000 and met the size and occupancy requirements set by the 2021 ordinance. The ADU application, which was the first to be submitted to the city since the ordinance passed, was approved by the city’s Planning Commission in a 4–2 vote in April.Â
Despite the planning commission’s vote, a staff report recommending approval, and code compliance, the Blaine City Council denied the Pepin family’s permit to build an ADU in May, a decision the family is appealing with the Institute for Justice (I.J.). The denial followed a public forum where opponents voiced inaccurate concerns about the ADU’s impact and character. Opponents claimed the Pepins would house “random/unknown people” who would be “in the [neighboring] park” “where children are constantly running around,” and that the ADU would be a “horrible eye-sore.” The meeting ran out of time before the Pepins were able to rebut the claims.
Matt Liles, a litigation fellow and attorney at I.J., tells Reason that the Pepins complied “not only in the letter of the law, but also in the spirit of the law with everything
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