HomeMy WebLinkAboutItem 4City of Lakeville
Community & Economic Development
Memorandum
To: Mayor and City Council
Justin Miller, City Administrator
From: Daryl Morey, Planning Director
Date: November 21, 2019
Subject: November 25, 2019 City Council Work Session
Storm Shelter Discussion
Background:
Since July 17, 2000, when the Zoning Ordinance was updated following approval of the 1998
Comprehensive Plan update, the City has had a requirement that slab on grade residential
dwellings provide storm shelter protection for the residents of those dwellings. The City
Council has approved modifications to the specifics of the storm shelter requirement over the
past 19 years. The most recent Zoning Ordinance amendment pertaining to storm shelters,
approved by the City Council on September 16, 2019, provided more flexibility by allowing
the storm shelter to be constructed in any room in the dwelling, including the garage, or in a
separate building within 500 feet of the slab on grade dwelling.
Since the September 16th City Council meeting, staff has received correspondence from the
Minnesota Department of Labor and Industry (DLI) citing Minnesota Statute 326B.121 Subd.
2(c) which reads in part: “A municipality must not by ordinance, or through development
agreement, require building code provisions regulating components or systems of any
structure that are different from any provision of the State Building Code.” DLI’s position is
that any municipal regulation that requires storm shelters in residential dwellings is
superseded and preempted by the Minnesota State Building Code, which does not require
storm shelters for slab on grade residential dwellings. This determination was initiated by a
request from the Builders Association of the Twin Cities/Housing First Minnesota. State
Statute does however require a storm shelter for manufactured home parks.
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Action Requested:
Provide direction to City staff regarding the residential storm shelter requirement of the
Zoning Ordinance. Options include:
Keep the Zoning Ordinance language as-is
Amend the Zoning Ordinance to remove the storm shelter requirement
If this is the direction, shall the City suspend enforcement of the ordinance as
several builders are currently preparing building permit applications?
Seek legislative approval to allow municipalities to require storm shelters for slab on
grade dwellings for public health and safety purposes
Attachments:
Ordinance No. 1016
October 28th and November 12th letters from Housing First Minnesota
November 20th email from DR Horton
Mayor Doug Anderson
20195 Holyoke Ave.
Lakeville, MN 55044
Monday, October 28, 2019
Dear Mayor Anderson,
Earlier this year, Housing First Minnesota initiated a conversation with the Minnesota Department of Labor
and Industry (DLI) regarding safe room/storm shelter mandates imposed by municipalities. Last month,
Housing First Minnesota formally requested an official determination from DLI on the appropriateness of
local safe room/storm shelter mandates. We specifically sought clarification for those mandates where local
provisions exceed the state building codes in conflict with Minnesota Statutes §326B.121, subd. 2(c).
Last week, the DLI responded to our request. Given that the State of Minnesota has purposefully not adopted
these requirements, any municipal policy mandating their inclusion in new homes is superseded by the State
Building Code, DLI reported. This opinion is clearly supported in case law. Specifically, the State’s Chief
Building Official wrote:
“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). Based on the foregoing statutes, Rules, and case law, it appears that any
municipal regulation which requires storm shelters or safe rooms in residential dwellings is
superseded and preempted by the Minnesota State Building Code.”
Housing First Minnesota understands that your city also received a communication from the DLI to this effect.
In response to this determination, Housing First Minnesota is requesting the following information:
• Confirmation that the City of Lakeville received such communication
• The City of Lakeville’s specific plans to cease its enforcement and to remove this mandate in
accordance with the state guidance
If you have any questions about our correspondence, please contact Nick Erickson, regulatory affairs
manager, at nick@HousingFirstMN.org or (651) 697-1954.
Respectfully,
David Siegel
Executive Director
Housing First Minnesota
CC:
City of Lakeville Council Members
Justin Miller, City Administrator
The Honorable Mayor Doug Anderson
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
November 12, 2019
Dear Mayor Anderson,
On behalf of Housing First Minnesota and its members, I’m writing regarding the Minnesota Department of
Labor and Industry’s (DLI) notification to the City of Lakeville that storm shelter requirements on new
construction are invalid. Housing First Minnesota supports policies that lead to the construction of safe,
durable and affordable homes and it’s important to note that if the State of Minnesota, home builders, and
homebuyers felt that storm shelters were needed, they would be standard on all new homes and required by
the law.
Housing First Minnesota first requested an opinion from DLI about these requirements after the City of
Lakeville amended its storm shelter requirement in September.
When the city last took up this issue a few months ago, Housing First Minnesota wrote to the Council and
Planning Commission, stating that we believed the ordinance was a violation of the state building code and
that it should be removed promptly to positively impact housing affordability. Today, I am renewing Housing
First Minnesota’s request that you remove Chapter 11-17-27 in its entirety. This would create consistency
across the Twin Cities and state as Lakeville is the only city in Minnesota with a requirement of this nature.
Housing First Minnesota and its members have gained clarity from the very few cities with these mandates as
to how they will comply with DLI’s directive. The cities of Otsego and Jordan have confirmed that their
respective city codes are in the process of being revised and brought into compliance. More importantly,
these cities are staying the enforcement of this costly and unlawful mandate.
Housing First Minnesota’s goal is to expedite this change and turn our attention to the more complex
affordability challenges we all face as the State of Minnesota continues to reimagine its housing policies.
Failure to address this matter not only slows down this process but also increases the likelihood of
unnecessary and costly litigation.
Housing First Minnesota stands ready to discuss this matter with the city’s leadership. Please contact me
directly to discuss this matter further.
Respectfully,
David Siegel
Executive Director
cc: Lakeville City Council
Lakeville Planning Commission
Justin Miller, City Administrator
Daryl Morey, Planning Director
From:Reid T Schulz
To:Morey, Daryl
Cc:John J Helmer; Deb Ridgeway; James R Slaikeu
Subject:Pinnacle Reserve
Date:Wednesday, November 20, 2019 9:26:03 AM
Attachments:image001.jpg
Daryl,
Good morning. As you are probably aware, the City of Otsego is bringing forward to Council next week a resolution to
remove the safe room requirement from their code. We hope the City of Lakeville will take significant steps in the
same direction very soon.
We understand that our Pinnacle Reserve PUD ordinance had included conditions to provide the safe room on non-
basement homes-This at the time matched the City Ordinance, so we did not object to that language. These safe
rooms add a significant amount of costs to our homes, driving up the costs by 5% or more- which are costs passed
onto the buyers and residents of Lakeville. Home affordability is a huge concern in Minnesota and again another
article is publish this morning highlighting this issue. https://www.kare11.com/article/money/twin-cities-
experiencing-affordable-home-shortage/89-c800cd49-edbc-4b9e-ab87-c1cc3004699f. I want to let you know that we
will be submitting a PUD amendment application this week that asks Council to amend the PUD ordinance to remove
the condition that requires the safe rooms and to align with what the MN Department of Labor and Industry stated in
the letter that came out a couple weeks ago. I would like the opportunity to meet with you and staff to have a
meaningful discussion about the safe room requirement and the costs associated with the construction. Would you
be willing to meet with us late this week or early next week?
The City of Lakeville and D.R. Horton have had a great relationship over the years and we look to continue that and
provide great homes at a great price in a great City. Thanks Daryl!
Reid Schulz
Land Development Project Manager D.R. HORTON
20860 Kenbridge Court #100 Lakeville, MN 55044
o: 952-985-3757 m: 612-772-2531
rtschulz@drhorton.com
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