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Mayor Ramsey introduced the following resolution and moved for its adoption: <br />RESOLUTION #10-06-125 <br />RESOLUTION REQUESTING ASSISTANCE FROM THE LEAGUE OF MINNESOTA <br />CITIES ON THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES <br />STATEWIDE SHORELAND RULES UPDATE PROCESS <br />WHEREAS, Minnesota Statutes 462.357, Subd. 1 provides municipalities with the <br />authority for zoning for the purpose of promoting the public health, safety, morals, and general <br />welfare of the community; and <br />WHEREAS, likewise, M. S. 394.21, Subd. 1 gives counties similar authority to conduct <br />zoning and land use planning; and <br />WHEREAS, M. S. 462.357, Subd. 1 specifically states that a municipality may `by <br />ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface <br />areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings <br />and other structures, the percentage of lot which may be occupied, the size of yards and other <br />open spaces, the density and distribution of population, the uses of buildings and structures for <br />trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for <br />trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply <br />conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to <br />direct sunlight for solar energy systems as defined in section 216C.06, flood control or other <br />purposes, and may establish standards and procedures regulating such uses [...]'; and <br />WHEREAS, M. S. 103F.321 directs the Minnesota Department of Natural Resources <br />(the "DNR") to adopt statewide minimum standards and criteria for the preservation and <br />protection of shorelands within the wild, scenic and recreational rivers by the DNR <br />Commissioner (the "Commissioner"); and <br />WHEREAS, M. S. 103G.211 directs the Commissioner to adopt model standards and <br />criteria for the subdivision, use and development of shorelands; and <br />WHEREAS, in 2007, the Minnesota Legislature directed the DNR to commence <br />rulemaking to update the statewide minimum shoreland standards (the "Proposed Regulations"); <br />and <br />WHEREAS, the Proposed Regulations seek to establish and regulate certain bulk <br />standards including, but not limited to, lot size, setback, lot coverage and sets forth minimum <br />standards and development design criteria for future development; and <br />WHEREAS, although existing parcels are protected under M.S. 462.357 Subd. le <br />(Nonconformities), the City is concerned with the non-conforming status, need for additional <br />variance to expand, and administrative obligations that may result if certain standards are further <br />regulated; and <br />