The Blaine City Council voted 5-1 to approve a second reading of an ordinance amendment banning detached accessory dwelling units, advancing the change as the city faces an ongoing lawsuit over its handling of one such proposal.
Mayor Tim Sanders was absent. Council Member Chris Ford cast the lone dissenting vote.
Community Development Director Sheila Sellman said the amendment changes Blaine’s ordinance language on accessory dwelling units in residential districts and related performance standards.
An accessory dwelling unit is a smaller secondary home on the same lot as a primary house, with its own space for living, sleeping, cooking and a bathroom. Attached units are built into or onto the main home, such as a basement apartment or a unit above a garage, while detached units are separate stand-alone structures, often described as backyard cottages.
Sellman said the council reviewed the moratorium at a workshop in June 2025 and again in January 2026, when it directed staff to remove detached accessory dwelling units from city code.
The amendment removes detached units from all districts while retaining attached units, Sellman said. It also reorganizes performance standards and includes one change related to noise abatement.
The ordinance change comes as the city remains in a legal dispute with Alex and Linda Pepin, who sued Blaine after the city prevented them from building a detached accessory dwelling unit. The Pepins allege the city violated its own code.
Sellman said the amendment drew opposition from the Institute for Justice and the St. Paul Area Association of Realtors. Critics argued the change would work against housing demand and affordability while limiting options for homeowners.
She said the Institute for Justice also raised legal concerns, questioning whether the ordinance would withstand constitutional scrutiny under substantive due process and equal protection standards.
Ford, explaining his no vote, thanked staff for carrying out the council’s direction but said he wished the amendment had done more to preserve an option for detached accessory dwelling units.