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as part of the review of a Building Permit application for decks (or other typical homeowner additions) in which <br />wetlands, stormwater ponds, or other infrastructure reduces the net (remaining) buildable area. The outcome <br />typically involves consideration of an Encroachment Agreement, which requires approval of the City Council, and <br />potentially requires review/approval by the Lower Rum River Watershed Management Organization (WMO) of a <br />No Loss Exemption (wetland encroachment). Both actions consume City resources and have a cost to the property <br />owner, both financially and in terms of time. <br />Developing a lot depth standard would help reduce and/or eliminate these issues for the future homeowner(s). As <br />drafted, any newly created residential lot would need to have a depth of at least 100 feet for a contiguous width of <br />sixty (60) feet that is exclusive of any wetland, wetland setback area, floodway, easement or steep slopes (defined in <br />City Code as lands having an average slopes over twelve percent [ 12%] as measured over horizontal distances of <br />fifty [50] feet or more, and are not bluffs). <br />Essentially, this establishes a minimum buildable area that should provide reasonably sufficient space for common <br />homeowner improvements such as a deck and/or a detached accessory building. The underlying zoning district <br />would still establish the minimum lot width and area requirements. Staff acknowledges that this standard likely <br />would impact the number of potential lots within a proposed subdivision; however, this should result in more <br />'usable' space for the future homeowner to install common features such as a deck, detached accessory building <br />and/or landscaping projects. <br />Alternatives <br />Alternative # 1: Adopt Ordinance # 16-03 establishing a wetland/stormwater pond setback of sixteen and a half feet <br />(16.5') and establishing a lot depth standard of 100 feet for a continuous width of sixty (60) feet for all newly <br />created residential lots. The Ordinance will bring the City into compliance with the LRRWMO's 3rd Generation <br />Plan by establishing a wetland setback. Additionally, establishing a minimum lot depth should help reduce and/or <br />eliminate the need (or at least requests for) for Encroachment Agreements and review by the LRRWMO. Staff <br />supports this alternative. <br />Alternative #2: Adopt an amended version of Ordinance #16-03 that establishes a wetland/stormwater pond setback <br />of sixteen and a half feet (16.5) but either modifies or eliminates the lot depth standard. <br />Alternative #3: Do not adopt Ordinance #16-03. This would result in the City being in violation of the LRRWMO's <br />3rd Generation Plan, which could have an impact on future development projects. Furthermore, it leaves the <br />potential for lots to be created with very little 'usable' or 'buildable' area after a home is constructed, which <br />ultimately can lead to frustration on the future homeowner's end and takes additional resources from the City to <br />resolve the issue/concern. Staff does not support this alternative. <br />Funding Source: <br />This case is being handled as part of Staffs regular duties. <br />Recommendation: <br />The Environmental Policy Board reviewed the draft Ordinance at it's February 22, 2016 meeting and recommended <br />City Council adopt Ordinance #16-03. <br />Action: <br />Motion to recommend City Council adopt Ordinance # 16-03 establishing a wetland/stormwater pond setback of <br />sixteen and a half feet (16.5') and establishing a minimum lot depth standard for all newly created residential lots. <br />Attachments <br />Appendix G (Wetland Protection Standards) of the LRRWMO's 3rd Generation Plan <br />Lot Depth Info from Andover and Elk River <br />