8A, Planning Case 12-014 - Zoning Code Amendment - Multi-family Dwelling Units

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,G.G.W ZiOUTH SIXTH JTR.EET 1VP.INNEA.POLIE., MtMN.EsoTA. 55402 - TELEPHOME 212-344- t I f 1 FACSIMILE 612-344- 1414 Tt omy J.KEANE 512 455-6533 DtU� TLMXEANE@NIGMLLP.00_M August 16,2012 Mayor David Crrant and Members of Mr.Clay Larson and Members of the Arden Hills City Council tl Arden Hills Planning Commission 1245 Highway 96 West 1245 Highway 96 Nest Arden Hills,MN 55112-5743 Arden Hills.,MN 55112-5743' Re: City of Arden Hills Planning Case 12=411;Zoning{ordinance Amendment Our Pile No.:2622.001 01 Dear Members of the City Council and Planning Commission: This letter is offered on behalf of our clieirt,TAT Properties,LLC and 1201 County Road E,LLC(the"Developer")as fee owners of the property located at 1201 County Road L in the northwest.corner of County Road E and Lexington Avenue(the"Property')in the City of Arden Hills in response to the multi-family design standards under consideration by the Arden Hill Planning Commission and City Council. This letter is in response to the draft amendments to Sections 1305.04, 1325.05 and 1325.06 of the Arden Hills Code(the"Amendments.7'). The Property will be the suldect to the amendments that will directly and adversely affect the use of the Property. Certain sections of the proposed Amendments are preempted by the :State Building Code(the International Building Code 2,006 Edition(the"IBC")incorporated into the State Building Code). Specifically,the proposed Amendment to Arden Hills Code of Ordinances Section 1325.45,Subd. I (minimum unit size)is specifically addressed in the State Building Code which takes precedence over local regulations. The IBC provides for a minimum efficiezzoy unit of 220 square feet of floor area plus closet and bathroom. IBC § 1208A. As recently as July 23,2012,the Minnesota Court of Appeals restated and affirmed the principle that a City may not circumvent the preemption provisions of the State Building Code. Builders Association of Ainnesota v. City of St. Pain(Minn. Ct.App. 62-CV-11-2436,July 23, 2012). The Builders Association of Minnesota case affirmed the well-established principle that the state may"limit the power of a city to act in a particular area,"by fully;occupying a field of legislation and preempting local regulation in that field. City of Morris v. Sax Ines, Inc.,749 N.W.2d 1,6(Minn. 2008). The legislature's purpose in enacting the State Building Code was to {15048&DOC- 8116rfY12}