Agenda - Planning Commission - 07/27/2023

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1 (2) Deck additions may be allowed without a variance to a structure not meeting the required 2 setback from the ordinary high water level if all of the following criteria and standards are 3 met: 4 a. The structure existed on the date the structure setbacks were established; 5 b. A thorough evaluation of the property and structure reveals no reasonable location for 6 a deck meeting or exceeding the existing ordinary high water level setback of the 7 structure; 8 c. The deck encroachment toward the ordinary high water level does not exceed 15 9 percent of the existing setback of the structure from the ordinary high water level or 10 does not encroach closer than 30 feet, whichever is more restrictive; and 11 d. The deck is constructed primarily of wood, and is not roofed or screened. 12 Nonconforming Noncomplying sewage treatment systems. 13 (1) A sewage treatment system not meeting the requirements of chapter 113, article II must be 14 upgraded, at a minimum, at any time a variance of any type is required for any improvement 15 on, or use of, the property. For the purposes of this provision, a sewage treatment system 16 shall not be considered nonconforming if the only deficiency is the sewage treatment system's 17 improper setback from the ordinary high water level. 18 (2) The city has adopted the following by reference: Minn. Rules pts. 7080.0020, 7080.0060, 19 7080.0065, 7080.0110, 7080.0120, 7080.0125, 7080.0150, 7080.0160, 7080.0170, 7080.0175 20 7080.0176, being the sections containing the technical standards and criteria contained in the 21 "Individual Sewage Treatment Systems Program." The city currently requires and monitors 22 septic system pumping permits that indicate the status of each system. The city will require 23 upgrading or replacement of any nonconforming system within a reasonable period of time, 24 which will not exceed two years following issuance of written notification from the city to the 25 property owner of said nonconforming system. Sewage systems installed according to all 26 applicable local shoreland management standards adopted under Minn. Stats. §§ 103F.201- 27 103F.221 in effect at the time of installation may be considered as conforming unless they are 28 determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or 29 other deep disposal methods, or systems with less soil treatment area separation above 30 groundwater than required by Minn. Rules ch. 7080 for design of on -site sewage treatment 31 systems, shall be considered nonconforming. 32 33 34 950 Scenic River Protection Overlay District 35 The purpose of this subdivision is to control bluff land and river land development in order to protect and 36 preserve the outstanding scenic, recreational, natural, historical, and scenic values of the Rum River in 37 Ramsey, Minnesota, in a manner consistent with Minn. Stats. §§ 103F.301-103F.345.84, Minn. Rules pts. 38 6105.0010-6105.0250, 6105.1400-6105.1500. 39 40 951 Scope and Interpretation 41 (A) The provisions of this subdivision shall apply within the designated Scenic River Land Use District of 42 the Rum River in accordance with the property descriptions contained in Minn. Rules pt. 6105.1400. 43 (B) In their interpretation and application, the provisions of this subdivision shall be held to be 44 minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights 45 granted by Minnesota Statutes. 46 (C) It is not intended by this subdivision to repeal, abrogate, or impair any existing easement, 47 covenants, deed restrictions, or land use controls. Where this subdivision imposes greater 48 restrictions, the provisions of this subdivision shall prevail. Page 150 of 160