HomeMy WebLinkAboutItem 06City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: December 11, 2019
Subject: Packet Material for the December 19, 2019 Planning Commission Meeting
Agenda
Item: Zoning Ordinance Amendment Concerning Storm Shelters
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 Planning
Commission has recommended, and 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superseded and preempted by the Minnesota State Building Code, which does not require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. The City
Attorney concurs with DLI’s determination.
At their November 25, 2019 work session, the City Council directed staff to suspend
enforcement of the storm shelter requirement and set a public hearing to amend the Zoning
Ordinance to repeal the storm shelter requirement. It should be pointed out that other
2
Minnesota cities with a storm shelter requirement (i.e. Otsego and Jordan) are also in the
process of amending their ordinances to eliminate the storm shelter requirement.
Attachments
• Draft Ordinance
• October 28th and November 12th Housing First Minnesota letters
• October 23rd Minnesota Department of Labor and Industry letter
Recommendation
Based upon the direction received from the City Council, staff recommends approval of an
amendment to the Zoning Ordinance repealing the storm shelter requirement.
ORDINANCE NO.________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 17, 57, 58, AND 59 OF TITLE 11
OF THE LAKEVILLE CITY CODE CONCERNING STORM SHELTERS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
SECTION 1. Section 11-17-27, Storm Shelter, of the Lakeville City Code is
hereby deleted.
SECTION 2. Section 11-57-19.E, RST-2 District Two-Family and Detached
Townhome Design and Construction Standards, Storm Shelter is hereby deleted, with
subsequent sections renumbered accordingly.
SECTION 3. Section 11-58-21.E, RM-1 District Design and Construction
Standards, Storm Shelter is hereby deleted, with subsequent sections renumbered
accordingly.
SECTION 4. Section 11-59-21.E, RM-2 District Design and Construction
Standards, Storm Shelter is hereby deleted, with subsequent sections renumbered
accordingly.
SECTION 5. This Ordinance shall be effective immediately upon its passage
and publication according to law.
PASSED and ADOPTED by the Lakeville City Council this 6th day of
January 2020.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST
BY: ________________________
Charlene Friedges, City Clerk
443 Lafayette Road N., St. Paul, MN 55155 • (651) 284-5005 • www.dli.mn.gov
October 23, 2019
Mr. Nicholas Erickson
Regulatory Affairs Manager
Housing First Minnesota
2960 Centre Pointe Drive
Roseville, MN 55133
Dear Mr. Erickson,
This letter is in response to your request of September 23, 2019 regarding Minnesota cities that require
construction of a storm shelter or safe room when building a new home. You referred to Minnesota
Statute 326B.121 that states, 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.
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 our 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).
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.
Sincerely,
Scott D. McLellan
Director/State Building Official
CC: Jeffrey F. Lebowski, DLI/CCLD General Counsel
Equal Opportunity Employer
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