Loading...
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of the DLI/CCLD that any municipal regulation which requires storm shelters or safe rooms in residential dwellings is superseded and preempted by the Minnesota State Building Code.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