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
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