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ITEM 3.5 Zoning Ordinance0 OtsTY F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action I Planning I Citv Planner Licht 1 25 November 2019 1 Consent STRATEGIC VISION City Administrator/Finance Director Flaherty 3.5 — Zoning Ordinance City Attorney MacArthur Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. X Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS staff recommends adoption of an ordinance repealinF- Section 11-17-12 of the Zoning Ordinance. No I Held by Planning Commission 18 November 2019 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 received correspondence on 11 October 2019 from Assistant Director Scott McKown of the Construction Codes and Licensing Division of the Minnesota Department of Labor advising 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 Assn 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. The Planning Commission held a public hearing on 18 November 2019 to consider amending the Zoning Ordinance regarding storm shelters. There were no public comments. The Planning Commission continues to believe that the storm shelter requirement is necessary to protect residents of slab -on -grade dwellings, but recognizes the legal issue with the DLI/CCLD. The Planning Commission discussed requiring builders to offer storm shelters as an option to buyers of such dwellings or to prohibit construction of slab -on -grade dwellings. City staff will research the feasibility of these options (or potential others) before seeking direction from City Council to consider these ideas further with the Planning Commission. The Public Hearing was closed. A motion was made and seconded to recommend City Council approval of an ordinance repealing Section 11-17-12 of the Zoning Ordinance. The motion failed by a 1-6 vote. No other motion was offered. The proposed Zoning Ordinance amendment is to be acted upon by the City Council without recommendation from the Planning Commission. ■ Ordinance 2019-24 POSSIBLE MOTION RLEQSE=U1/O,RD Mgfil©NQS y011 WpULD LIKE 1TT0;'APFEAR I.NIEMfNUTES;,;' Motion to adopt Ordinance 2019-24 repealing Section 11-17-12 of the Zoning Ordinance. BUDGET INFORMATION FChND1NG:.; . BUDGETEp ' N/A ORDINANCE NO.: 2019-24 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. 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 1 CITY OF OTSEGO Jessica L. Stockamp, Mayor