ITEM 3.2TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 8 November 2019
RE: Otsego — Zoning Ordinance; Storm shelters
TPC FILE: 101.01
BACKGROUND
ITEM 3.2
The City on 26 September 2016 adopted Section 11-17-12 of the Zoning Ordinance requiring
provision of a storm shelter for any dwelling unit constructed with a slab -on -grade foundation.
The storm shelter requirement was amended on 11 February 2019 to allow use of a
prefabricated unit. The City was contacted for information regarding the storm shelter
requirement by the Construction Codes and Licensing Division of the Minnesota Department of
Labor and Industry in early Fall 2019. Based on subsequent discussions between the City and
DLI/CCL, the City has noticed a public hearing for 18 November 2019 to consider amendments
to the Zoning Ordinance.
Exhibits:
■ Draft Zoning Ordinance amendment
ANALYSIS
The City received correspondence on 11 October 2019 from Assistant Director Scott Mcl(own of
the Construction Codes and Licensing Division of the Minnesota Department of Labor. Mr.
McKown advised that:
The Minnesota State Building Code does not require safe rooms or shelters for slab -on -
grade residential construction and has specifically deleted IRC Section R323 (Storm
Shelters/Safe Rooms) from the International Residential Code by way of Minnesota
Amendment. See Minn. Rule 1309.0323 (2012).
■ Minnesota Statutes §326B.121, subd. 2(c) prohibits a municipality from adopting an
ordinance or development agreement requiring building components or systems that
differ from any provision of the State Building Code.
This statute has been interpreted by the Minnesota Supreme Court to prohibit not only
municipal provisions that "differ from" the State Building Code, but also any municipal
requirements that are even "merely additional and complementary' to the State
Building Code. See City of Morris v. Sax Investments, Inc, 749 NW2d 1 (Minn.
2008)(emphasis added). See also Builder's Ass'n of Minnesota v. City of St. Paul, 819
NW2d 172 (Minn. Ct. App. 2012)(State Building Code preempts municipal regulations
concerning building systems and components).
Based on the foregoing statutes, Rules, and case law, it is the position of the DLI/CCLD that any
municipal regulation which requires storm shelters or safe rooms in residential dwellings is
superseded and preempted by the Minnesota State Building Code.
The City Attorney has discussed this matter with DLI/CCLD General Counsel Jeffrey Lebowski
and is advising the City to repeal Section 11-17-12 of the Zoning Ordinance requiring storm
shelters.
RECOMMENDATION
City staff has drafted an ordinance amendment to repeal Section 11-17-12 of the Zoning
Ordinance as recommended by the City Attorney. Our office recommends approval of the
proposed Zoning Ordinance amendment as presented.
POSSIBLE ACTIONS
A. Motion to recommend approval of an ordinance repealing Section 11-17-12 of the
Zoning Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
I
ORDINANCE NO.: 2019 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING REPEALING SECTION
11-17-12 OF THE ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-17-12 of the City Code is hereby repealed in its entirety:
3The door to the storm shelter shall hbnoted so as #n he nnnnccihln in nnnnrdannn
with the rnffinffirnurn dffirneRSiGns established by subseGtions G! and Q2 of this section.
Section 2. This Ordinance shall become effective immediately upon its passage and
publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of
November, 2019.
ATTEST:
Tami Loff, City Clerk
All
CITY OF OTSEGO
M.
Jessica L. Stockamp, Mayor