Agenda - Council - 08/10/2004 - Laserfiche WebLink

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CASE it PUBLIC HEARING TO ADOPT AN ORDINANCE TO AMEND THE SHOI~,ELAND MANAGEMENT REGULATIONS OF THE CITY CODE By: Sylvia Frolik, Community Development Director Background: The Enviro~rnental Overlay regulations of City Code are the remaining sections of Chapter 9 in need of updating as a result of the adoption of the new Comprehensive Plan and amendments to State regulations. These sections include Flood Plain, Rum River Overlay District, Shoreland Management, Mississippi Overlay District, and Wetlands. The Shoreland Overlay district is proposed to be amended at this time. Shorel. and Management regulates all 'lands. adjacent to state designated public waters, with the exception of the Mississippi and Rum Rivers in Ramsey where Critical Area and Wild' and Scenic regulations are in place. The proposed amendment to the Shoreland regulations is enclosed. Observations: On May 6, 2004, the Planning Commission conducted a public hearing regarding the proposed ordinance amendments. On May 24, City Council introduced the ordinance. On July 13, City Council conducted a second public hearing regarding the proposed ordinance in order to comply with DNR notification requirements. The public hearing was continued to July 27 tp allow DNR sufficient time to review the proposed ordinance. The ordinance was still in re-write, based on DNR's comments, at the time the July 27 Council agenda was assembled. Therefore, the case was postponed to the August 10 City Council meeting for completion of the public hearing and possible adoption of the ordinance. For the most part, the changes to the draft ordinance sinCe July 13, as recommended by DNR, were housekqeping type items. The most .significant change to the text is that property owners applying for variances to the shoreland regulations will be required to supply proof of conforming septic syst.ems. If .a variance has the affect Of allowing more bedrooms on the property, the property owner will be required to bring the septic system into compliance with current standards in conjunction with the issuance of the variance. If it is determined that the septic system is failing and posing a threat to public safety, the non-conforming septic system will be required to be replaced within 45 days, regardless of the intended use permitted by the variance. Recommendation: City Staff recommends adjourning the public hearing that has been continued from the July 13 meeting. City Staff also recommends adoption of the ordinance at this time. -189-