A Blaine couple are suing the city after officials denied their request to build a backyard housing unit for a homeless family.
Homeowners Alex and Lynda Pepin argue the City Council violated local, state and federal law by rejecting their application for a permit to build a detached accessory dwelling unit (ADU). The tiny homes are often called mother-in-law suites or granny flats.
The nonprofit Institute for Justice, which is representing the Pepins, provided the Minnesota Star Tribune with a copy of the complaint filed in Anoka County District Court on Monday. The lawsuit lists the city, Mayor Tim Sanders and council members as defendants.
The ADU request complied with the city’s rules, the lawsuit says, “And yet the permit was denied. Why? Because Blaine’s City Council decided that it was uncomfortable not with what or where the Pepins might build, but rather, with who might live in it.”
Blaine city spokesman Ben Hayle said in a statement that “the City Council followed Minnesota law and Blaine city code when considering and ultimately denying the Pepins’ CUP application.” He said officials will evaluate and defend against the lawsuit once the city is served.
Alex Pepin, who runs a nonprofit serving the homeless, said he wanted to rent out the unit to a family in need. And he planned to someday house his mother-in-law or his kids after they graduate.
“Our family deeply believes in giving back — in using what we have to help those most in need," Pepin said in a statement. “It’s incredibly frustrating that the city council chose to ignore its own laws and block our efforts to provide a safe home to a family working to get back on their feet.”
But citing concerns about Pepin renting out the space and whether the unit would be compatible with the neighborhood, the City Council in May voted to deny the request. The council then put a yearlong moratorium on accepting any ADU requests while officials rethink the regulations.