Minutes - Council - 04/14/1998 - Laserfiche WebLink

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employees and 86 parking stalls (-2 employee/-20 stalls). Ms. Frolik noted that Ted Erkenback from Northern Airgas is present. Motion by Councilmember Beahen and seconded by Councilmember Beyer to approve the revised site for Northern Airgas. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Beyer and Zimmerman. Voting No: None. Absent: Councilmember Haas Steffen. Case/t3: Consider Ordinance to Amend Critical River Regulations Zoning Administrator Frolik stated that this proposed ordinance would reduce structure setback on the Mississippi River to 100 feet from the ordinary high water mark and 20 feet from the bluff and would eliminate language that prohibits the sale of lawful non-conforming lots as building sites if they are owned by an adjacent property owner. Because of a recent case at 14620 Bowers Drive in Ramsey, in which an applicant was granted a variance to the dual ownership rule and the structure setback from fiver, the Council had requested that staff initiate an ordinance to amend these sections of City Code. This amendment is subject to the review of the Metropolitan Council and approval of the Minnesota Department of Natural Resources (DNR). The Planning Commission conducted a public hearing on April 7, 1998. The City received a letter from Mr. Hovey of the DNR, dated April 7, 1998, which listed reasons indicating that DNR certification of the proposed amendments is not likely. She noted that Mr. Tom Hovey, Area Hydrologist for the DNR, is present. Mr. Hovey stated he has some serious concerns about the Planning Commission's recommendation. There are two processes in place already. This section of the river is under the wild and scenic river rules. There are a couple of rule changes proposed for the program. Meetings will be held for input and this process will take about a year to a year and a half. This is an extension of the Mississippi National River Area (MNRA) which gives the river more protection. He stated that the City is involved in the process of the wild and scenic fiver rules, therefore, the action taken at the Planning Commission does not make sense. Mr. Hovey stated that they cannot even certify the removal of the requirement of adjacent non-conforming lots. Minnesota rules do not allow it. Variances are had, but as far as the DNR certifying that, it is impossible as things are fight now. However, discussion is occurring and maybe things will be different. IfRamsey lowers the standards to 100 feet from the ordinary high water mark and 20 feet from the bluff, the City will definitely be a minority. Most of the cities have it 100 feet from the ordinary high water mark and 40 feet from the bluff. He felt the City should keep its higher standards, not lower them -- the Mississippi River is worth protecting with higher standards. It makes sense to require the larger setbacks. We hope to end up with one ordinance for the fiver, which will create less confusion. Attorney Goodrich inquired what the legal ramifications with the DNR would be if the City lowered the setbacks. Mr. Hovey stated that the DNR cannot certify the one part. The City may adopt the ordinance but it will not be approved by the DNR. It's not legal but he did not know what the legal City Council/April 14, 1998 Page 9 of 17