Agenda - Planning Commission - 12/05/1995

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I I I ! ,I I I I I I I I I I I ! I I I CASE # t0 REVIEW PRqPOSED AMENDMENTS TO THE SHORELAND MANAGEMENT AND SCENIC RIVER ORDINANCE By: Zoning Administrator Sylvia Frolik Background: On July 3, 1989, the revised Statewide Standards for "Management of Shoreland Areas" roles became effective. :!Under the authority of those new rules, the City of Rarnsey must update its ordinance accordingly. Observations: The proposed changes to code are enclosed: 1. Anything shown as a plain print Strike-out or as a bold print is a recommended deletion or addition by !State Rules. 2. Anything shown with a bold and underline is a Staff recommended addition. Anything shown as a bold and strike-out is a State requirement that Staff is proposing not to adopt. 4. Anything shown with a plain print strike-out and underline is a current code that Staff is proposing tO delete. The following is a list of those sections in which the City Staff is proposing to vary from State Rules and an explanation for the basis of our proposal: Section 9.21.04, Stibd. 5.1. Current code for maximum structure height is 35 feet. State Rules establish a maximurB~ height of 25 feet. Staff is proposing. 37. feet. Staff is also proposing to exclude that language that exempts churches and non-res~denual ag buildings from the height restriction. In our opinion, that language is discriminatory. The way this section is supposed to be regulated, it appears!that you cannot build a 2-story $400,000 tudor home on Lake Itasca, but you could build a 50 roost high agricultural pole barn. Section 9.21.04, Subd. 5.2. This is proposing to increase the minimum lot area on other lots on a general developmental water from 10,000 to 10,800 square feet. Section 9.21.07, Subd. la. Again, Staff is proposing a height restriction of 37 feet to allow for the construction of tlie more upscale two and three story homes. Section 9.21.07, Subd. la, Impervious Surface. The intent of this restriction is to protect the water quality. Staft~' is of the opinion that you can better protect water quality by requiring development to subrr~it a water quality management plan that complies with all state and local water quality standards, rather than restricting the amount of developable space on a parcel. Minimizing lot coverage does no~ necessarily protect or insure the water quality. The requirement restricts the use of the lot so severely that it could almost be considered a taking. If you look at commercial property, for instance, the property owner purchases the property, develops the property to commercial standardtl, and pays the higher commercial rate taxes. But, he or she can only use 1/3 of the lot for buildin~ and pavement and 2/3 of the lot for which he paid the high purchase price and continues to pay high commercial taxes on must lay dormant and be non-income producing.