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8A, Planning Case 12-014 - Zoning Code Amendment - Multi-family Dwelling Units
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8A, Planning Case 12-014 - Zoning Code Amendment - Multi-family Dwelling Units
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set forth a uniform standard for the construction,reconstruction,alteration and repair of <br /> buildings throughout the state. Mir. Stat. § 326B.101, .121,s bd. 1(a); see also: City of Morris,. <br /> 74914.W.2d at 7(recognizing the purpose of uniform,statewide building code) <br /> Accordingly,the legislature enacted a preemption provision that limits the authority of <br /> municipalities to enact differing building code requirements. Id. This provision states that"[a] <br /> municipality must not by ordinance,or through development agreement,require building code <br /> previsions regulating components or systems of any structure that are different from any <br /> prevision of the State Building Code." Builders Association of:�inne:�ora at 13; Minn.Star. <br /> ?26B.121, subd.2(c)(2010). Moreover,the Minnesota Supreme Court has broadly defined <br /> "building code provision"to encompass any regulation that"affects the construction and design <br /> of buildings"if the subject of the regulation is covered by the State Building Coder !Builders <br /> Association of Minnesota at 14;City of Morris at 8_ The State Building Code preempts the <br /> City's attempts to impose differing requirements for minimum unit size and minimum lighting <br /> requirements. <br /> Conclusion <br /> Thank you for the opportunity to address these issues. There is no urgency that requires <br /> action on these Amendments at this time. We respectfully request the City consider these <br /> preemption limitations in considering the Amendments. ;Should you have any questions,Please <br /> contact me at(612)455-6633: <br /> Sincerely, <br /> Timothy J Keane <br /> TJKfban <br /> cc: Jill Hutinacher,Director of Community Development <br /> .Meagan Beeman,City Plattner <br /> Rob Davidson,TAT Properties,LLC <br /> Stuart Nolan, 1201 County Read E, LLC <br /> Jerry Filla,Kelly and Lernmons,P.A. <br /> (t50498,DOC- 8/1612GIZI <br />
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