Agenda - Council Work Session - 09/26/2023

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: a. The structure existed on the date the structure setbacks were established; b. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; C. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and d. The deck is constructed primarily of wood, and is not roofed or screened. (C) Noncomplying sewage treatment systems. (1) A sewage treatment system not meeting the requirements of chapter 113, article II must be upgraded, ata minimum, at any time a variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (2) The city has adopted the following by reference: Minn. Rules pts. 7080.0020, 7080.0060, 7080.0065, 7080.0110, 7080.0120, 7080.0125, 7080.0150, 7080.0160, 7080.0170, 7080.0175 7080.0176, being the sections containing the technical standards and criteria contained in the "Individual Sewage Treatment Systems Program." The city currently requires and monitors septic system pumping permits that indicate the status of each system. The city will require upgrading or replacement of any nonconforming system within a reasonable period of time, which will not exceed two years following issuance of written notification from the city to the property owner of said nonconforming system. Sewage systems installed according to all applicable local shoreland management standards adopted under Minn. Stats. §§ 103F.201- 103F.221 in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by Minn. Rules ch. 7080 for design of on -site sewage treatment systems, shall be considered nonconforming. 950 Scenic River Protection Overlay District The purpose of this subdivision is to control bluff land and river land development in order to protect and preserve the outstanding scenic, recreational, natural, historical, and scenic values of the Rum River in Ramsey, Minnesota, in a manner consistent with Minn. Stats. §§ 103F.301-103F.345.84, Minn. Rules pts. 6105.0010— 6105.0250.1 6105.1400— 6105.1500. 951 Scope and Interpretation (A) The provisions of this subdivision shall apply within the designated Scenic River Land Use District of the Rum River in accordance with the property descriptions contained in Minn. Rules pt. 6105.1400. (B) In their interpretation and application, the provisions of this subdivision shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by Minnesota Statutes. (C) It is not intended by this subdivision to repeal, abrogate, or impair any existing easement, covenants, deed restrictions, or land use controls. Where this subdivision imposes greater restrictions, the provisions of this subdivision shall prevail. Page 150 of 160