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1 Proposed Shoreland SetbacksCITYOF 690 Ci~ Center Drive PO Box 147 Chanhassen, Minnesota 553 I7 Phone 952.937.1900 General Fax 952.937.5739 Engineering Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. ci. chan/Jassen, mn. us MEMORANDUM TO: FROM: DATE: Planning Commission Lori Haak, Water Resources Coordinator April 11,2001 SUBJ: Proposed Shoreland Setback Regulation Revisions BACKGROUND At the April 3, 2001 Planning Commission meeting, staff'presented a report regarding the proposed lakeshore setback regulation revisions. The report focused primarily on view protection rather than general lakeshore setbacks. The Planning Commission had questions regarding the standards of other cities, DNR requirements and related issues, so the item was tabled. This memorandum will define the problem more clearly, answer the questions from the April 3 Planning Commission meeting and propose solutions similar to those used by other communities. Section 20-481 of Chanhassen's City Code (Attachment 1) states: "When a structure exists on a lot on either side, the setback of a proposed Structure shall be the greater of the distance set forth in the' above table Or the setback of the existing structure." These regulations are currently under examination by City Council, Planning Commission and City staff because administration of the existing standard is difficult. The existing standard does not specify a clear method for determining existing structure setbacks. City staff recommends shoreland setback regulations be clarified to improve the administrative process and reduce the amount of time spent on projects with shoreland setback issues. NEED The City adopted a setback requirement to maintain continuity of setbacks between existing and proposed development while achieving the standards set forth by the DNR. However, the standard that was adopted by the City is difficult to administer. Section 20-481 (Attachment 1) states: "When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure." Planning Commission April 11,2001 Page 2 The standard is difficult to administer because it does not convey the intent of the standard or prescribe a method for determining existing structure setbacks. Using literal interpretation (i.e., setbacks measured using distances), if structures exist on both adjacent lots, the proposed structure would have to maintain the greater setback of the two structures, as long as that setback is greater than the requirement from the table. Therefore, if one existing structure was set back 75 feet on a recreational development lake and the other was set back 150 feet, the proposed structure would have to maintain a setback of 150 feet. Since the intent of this standard is to maintain continuity in shoreland setbacks while adhering to DNR regulations, staffbegan using two methods of interpretation to facilitate administration of the standard. Using the first method, the setbacks of' structures on lots on either side, where they exist, are averaged and the proposed structure is required to meet that setback (Figure 1). In cases where the shoreline is not straight along the three properties, it is not always reasonable to require the proposed structure to meet the average setback (Figure 2). Often, it is more reasonable to draw a line between the rearmost points of structures on adjacent lots and require the proposed structure to meet that setback (Figure 3). Planning Commission April 11, 2001 Page 3 Using either of these methods, the inclusion of existing structures that are set back several hundred feet on very deep properties skews the results. The skewed mathematical average or line drawn often makes a lot unbuildable if a variance is not granted. Recently, a number of applicants have requested variances from this standard. In order to reduce the amount of time spent by the City Council, Planning Commission and City staff on this issue and to streamline the process for applicants, it is prudent to examine the current standard and whether it can be clarified to reduce the number of variances. In addition, staff hopes the Code wilibe clarified to provide a backbone for what staff has been doing all along: finding the "best fit" for a proposed structure when the existing framework (structures, roads, lakes, wetlands, etc.) are taken into consideration. - ANALYSIS Minnesota Department of Natural Resources (I)NR) Past Requirements According to Travis Germundson (DNR Area Hydrologist), state lakeshore setback regulations for sewered properties have not changed since the rule revisions in 1989. Prior to 1989, some Priority 1 and 2 communities were required to adopt setback standards in 1976. For unsewered properties on natural environment lakes, the structure setback was reduced from 200 feet to 150 feet. In Chanhassen, this includes Lake St. Joe and Rice Marsh Lake. Since there are very few unsewered homes mound either of these lakes that were built before 1989, a clarification of the City's requirements will affect a small number of properties, if any. Municipal Requirements Municipalities are allowed to adopt DNR-approved lakeshore ordinances that differ from, but are more restrictive than, the DNR's recommended standards. In 1994, the City of Planning Commission April 11, 2001 Page 4 Chanhassen adopted a lakeshore ordinance that is applicable to properties within its boundaries. This ordinance includes several elements that vary from DNR recommendations. For instance, the DNR has a prescribed setback that varies by lake classification and whether or not the proposed structure will be connected to municipal sewer. The City enforces that requirement, but has also added that if a structure exists on either side, the proposed structure must meet either the DNR setback or the setback of the existing structure, whichever is greater. In 1994, the DNR reviewed and approved Article VII (Shoreland Management District) of the City Code. Any ordinance changes or clarifications must receive DNR approval. Greater setbacks from the ordinary high water level (OHW) benefit water quality as well as aesthetics from the lake. Therefore, the DNR encourages municipalities to use the standards set by DNR as minimum guidelines and to require structures to maintain the greatest setbacks possible on each lakeshore lot. Relationship of New Construction to Surrounding Structures The primary goal of staff is that a standard be adopted that ensures the appearance of uniform placement of structures. In other words, structures should exhibit a rhythm of recurring patterns and spaces. There should be a feel of equal spaces between buildings of similar size. New construction should not be placed in a way that disrupts this mass to . space relationship. In planning terms, this concept is called "a wall of continuity" or "rhythm." Continuity and rhythm are not difficult to recognize. An example of poor continuity and rhythm is illustrated in Figure 4 below. It is quite.evident that the fourth structure from the left disrupts the continuity. Attachments 2, 3, 4, 5, 6 and 7 are aerial photographs of lakeshore properties that show the placement of structures relative to each other and the shoreline. Even in older neighborhoods (like those along Lake Riley Boulevard, Attachment 2), continuity has been maintained. It just makes sense. The difficult part of this task is moving from a common sense practice to a standard in City Code that can be applied to the myriad of situations that exist in Chanhassen. Planning Commission April 11, 2001 Page 5 Options In researching shoreland requirements of other communities, staff has identified several different approaches to the issue of shoreland setbacks. The options are listed below. Option 1: Adopt Minnetrista 's Standards Minnetrista's standards (Attachment 8) set forth three criteria for lakeshore setbacks, the greatest of which determines the setback for a particular lot. This standard eliminates some problems by stating that, if the adjacent riparian principal structures are greater than 200 feet from the structure in question, the standard does not apply. While this is a fairly comprehensive standard, it does not work well in all situations. In the example above, three properties areshown with an exaggerated undulating - shoreline. Both adjacent st~ctures meet the ?S-foot setback, so that is not an ~ssue. In addition, the proposed structure is within 200 feet of each adjacent structure, so it is not exempted from the requirements. A straight line between the two properties would result in continuity; however, since the greatest of the three criteria determines the setback, the proposed structure would have to maintain a 212-foot setback (that of the existing homes) or receive a variance. It appears these standards would result in problems similar to those currently experienced by the City since a variance would be required in order to place the house in the location shown on the illustration. Option 2: Adopt Shorewood's Standards Shorewood's standards (Attachment 9) state, "Where development exists on both sides of a proposed building site, building setbacks may be altered to more closely conform to adjacent building setbacks" (Section 1201.26, subd. 5). The standards are quite vague and are not recommended by staff since several of the terms (i.e., "may be altered" and "more closely conform") are subject to interpretations that could affect the outcome considerably. Option 3: Adopt Minnetonka's Standards Minnetonka's standards (Attachment 10) closely resemble those of the DNR. However, shoreland R-1 lots of record as of February 12, 1966 are eligible for an exemption from the DNR regulations. In these cases, the setback is determined by drawing a line between Planning Commission April 11, 2001 Page 6 "the closest shoreward comers of the two immediately adjacent structures as long as there is a minimum setback of 35 feet for principal structures and 25 feet for decks and unenclosed or uncovered patios" (Section 300.25, subd. 8). Minnetonka does not have a more defined standard for infill development; therefore, adopting these standards would not help staff find the "best fit" for a proposed structure. Option 4: Adopt Woodbury's Standards Woodbury's standards are, as follows: "Section 24-163. Shoreland Overlay District. (d) Exceptions [from the City's numeric standards] are permitted without a variance in residential districts where structures exist on both lots adjoining a proposed building site and the building is not located on a steep slope or within a shore impact zone. In no case shall a structure be built closer to the OHWL than the average of the two (2) adjoining structures." Adoption of this standard is not recommended since it is as vague as the City's current standard (i.e., no method for finding the "average" is provided). In addition, it allows structures to encroach into the setbacks prescribed by the DNR without first obtaining a variance if the two adjoining structures encroach. Staff does not recommend allowing encroachment into the DNR setback without requiring a variance. Option 5: Adopt Eagan's Sta'ndards - Eagan's standards (Attachment 11) state "Where structures exist on the adjoining lots a proposed building site, structure' setbacks required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone." Once again, staff does not recommend adoption of this standard due to its vague nature and because it allows encroachment into the DNR setback without a variance. Option 6: Adopt Staff Recommendation Staff recommendation is to make a minor modification of the current standard to explain its intent. City Code would be modified to read: "When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or a setback that maintains continuity with the setbacks of structures on adjacent lots." The following diagram would be included to provide additional clarification: Planning Commission April 11,2001 Page 7 The staff recommendation takes several items into consideration: 1. Simple is good. It is desirable to make the standard easy to understand so City Council, commissions, staff and residents can understand it. Therefore, staff attempted to minimize the number of terms and technical aspects. 2. One goal of setback requirements is straightforward: to achieve rhythm in spacing (e.g., between structures, between lakes and structures, between roads and structures). Conveying and implementing this goal is not as straightforward. In developed areas, it is quite difficult. 3. The goals of revising the standard are to make administration of the standard more consistent and to decrease the number of variance requests that are needed from shoreland setbacks. Staff recommendation will not eliminate all variances, but will reduce the number of variance requests.- 4. It is desirable for the City to adopt standards that are no more restrictive on property owners. Staff's recommendation does not propose new standards, but rather clarifies an existing standard. Option 7: Make No Changes to City Code This option would leave the City Code as is. As stated in the "Need" portion of this memorandum, the current code does not prescribe a method for determining setbacks. Staff uses best professional judgment in some situations; however, there are instances where the current ordinance does not give staff the latitude to do so. It does not account for structures on adjacent properties that are set back much further than required by the City. Option 8: Eliminate Current Standard Eliminating the current standard would be the least restrictive approach to this issue. It would also require the least amount of City Council, Planning Commission and staff time. Current setbacks (side yard, lakeshore, etc.) and building size restrictions (height, impervious surface, etc.) would still regulate the placement and bulk of structures on lakeshore lots. This would not achieve the intent of the original standard adopted in 1994 and is; therefore, not recommended by staff. Planning Commission April 11, 2001 Page 8 EXAMPLES Following are two examples of instances where application of the City's current standard would be (or has been) difficult. Example 1: Minnewashta Landings Subdivision (Attachments 3 and 12) This subdivision is located along the northwest shore of Lake Minnewashta. A condition was included in the final plat approval (June 13, 1994) that states: "The developer shall work to achieve a 45 degree view lake [sic] from the center of the [existing home to the east]." This condition appears to work well with the structures shown on the plan. In the absence of this condition, a variance from the current standard in City Code would be required. A variance would be required because the existing structure to the east is set back further than the proposed structure could possibly be set back. If Option 6 (Adopt Staff Recommendation) is adopted, the placement of the structure would be determined administratively without the need for a variance. In this case, staff would recommend maintaining rhythm within the Minnewashta Landings subdivision. This would result in the structure being placed closer to the road than is shown on Attaclnnent 12. Example 2: Whitetail Cove (Attachments 4 and 13) This subdivision is located along the northern shore of Lake Lucy. Lot 6, Block 2 is a 2.33-acre lot adjacent to the lake. It is a unique lot in that there is wetland on both the north and south sides of the buildable area. A buildable area (outside of the wetland buffers and required setbacks) was approved with the subdivision. However, the buildable area is significantly closer to the lake than structures on adjacent properties. (Currently, no structures exist on Lot 6, Block 2.) Staff has seen concept plans of a subdivision of Lot 6 into 2 lots. In order to meet ordinance requirements, the applicant would have to receive variances from the City's lakeshore setback ordinance, even though both building pads would be placed in the buildable area approved with the original subdivision. The setback of the existing structure to the east is greater than the depth of the lot containing the proposed structures. Therefore, the setback requirement exceeds the depth of the proposed lot if current standards are applied. If Option 6 (Adopt Staff Recommendation) is adopted, the placement of the structures would be determined administratively without the need for variances. The structures would be placed on within the buildable area approved with the original subdivision. SUMMARY In short, staff recommends the current standard be clarified for several reasons: Planning Commission April 11, 2001 Page 9 1. The current standard is difficult to administer; 2. Cooperation between the applicant, adjacent property owners and the City with regard to home orientation, screening vegetation and other factors often results in suitable resolutions to shoreland setback issues. This dramatically reduces the amount of time spent by City Council, Planning Commission and staff on view protection issues; and 3. A clarified requirement will provide a customer-friendly standard that eliminates unreasonable requirements, yet continues to protect existing neighborhood standards. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council approve the following motion: "Section 20-481 shall be modified to read: 'Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high Water level as follows: Classes of Public Waters Structures Unsewered LAKES Structures Sewered Sewage Treatment System Natural environment 150 150 150 Recreational development RIVERS 100 75 75 Agriculturaland 100 50 75 tribumry When a structure exists on a lot on either side, the setback ora proposed structure shall be the greater of the distance set forth in the above table or a setback that maintains continuity with structures on adjacent lots. Planning Commission April 11,2001 Page 10 One (1) water-oriented accessory structure designed in accordance with section 20- 482(e)(2)(b) of this article may be setback a minimum distance of ten (10) feet from the ordinary high water level.'" ATTACHMENTS: 1. Chanhassen City Code, Section 20-481 2. Lake Riley Boulevard Aerial Photo 3. Minnewashta Landings Aerial Photo 4. Whitetail Cove Aerial Photo 5. Dogwood Road Aerial Photo 6. Horseshoe Curve Aerial Photo 7. Sandy Hook Road Aerial Photo 8. City of Minnetrista Current Standards 9. City of Shorewood's Current Standards 10. City of Minnetonka's Current Standards 11. City of Eagan's Current Standards 12. Minnewashta Landings Subdivision Example 13. Whitetail Cove Example Attachment I ZONING § 20-481 Tributary Agricultural No Sewer Sewer Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dWelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. (Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: Classes of Public Waters Lakes Natural environment Recreational development Rivers Agricultural and tributary SewEge Structures Treatment _ Unsewered - Sewered 'System 150 150 150 100 75 75 100 50 75 When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure. One (1) water-oriented accessory structure designed in accordance with'section 20-482(e)(2)(b) of this article may be setback a minimum distance often (10) feet from the ordinary high water level. (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody. Setback From: (1) Top of bluff; (2) Unplatted cemetery; (:~) Right-of-way line of federal, state, or county highway; and Setback (in feet) 30 50 50 Supp. No. 8 1195 § 20-481 CHANHASSEN CITY CODE Setback From: (4) Right-of-way line of town road, pub- lic streets, or other roads or streets not classified. Setback (in feet) 20 (c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, fflocated on lots or parcels with ~ublic waters frontage, shall either be set back double the normai ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (e) Design criteria for structures. (1) High water elevations. Structures shall be placed in accordance with any flood plain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level,' whichever is higher; b. For rivers and streams, by placing the lowest floor at least three (3) feet above the flood of record, ff data are available. If data are not available, by placing the lowest floor at least three (3) feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three (3) approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one (1) approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in section 20-481(a) ff this water-oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks shall not exceed eight (8) feet above grade at any point° Supp. No. 8 1196 (3) (4) (5) t ZONING § 20-481 b. ~e Setback of~e s~c~e or fadh~ ~om ~e ordin~ MC wabr level sh~ be at least ten (10) feet;. c. ~e st~c~e or fac~ sh~ be ~eated to rMuce ~ibih~ as ~ewed ~om public waters ~d adjacent shorel~& by vegetation, topo~aphy, ~cre~ed setbac~ or color, assum~g sammer, lea-on con~6ons; d. ~e roof may be used as a deck ~th s~e~ r~s, but sh~ not be enclosed or used as a storage ~ea; e. ~e s~c~e or fadH~ shM1 not be desired or ~ed for h~ habita~on ~d shah not contain water supply or sewage ~eatment ~a~fies; ~d ~ ~ Mtema6ve for generM development ~d recreafionM development waterbod- les, water-o~ented accesso~ s~c~res used solely for watercr~ storage, ~d ~cludlng storage of rMated boa~g ~d water-o~ented spo~g equipment, may occupy ~ ~ea of up ~ fo~ h~dred (400) squ~e feet prodded the m~um ~dth of the s~c~e is ~enty (20) feet as measured p~M1M to the co~a- ~on of the shore~e. Stai~ay, li~s ~d l~gs. St~a~ ~d l~s ~e the prefe~ed Mtemafive to major" topo~ap~c Mtera~o~ for ac~e~g access up ad do~ bl~s ~d steep slopes ~ ;. shore ~eas. Strays ~d H~s sh~ meet the foHo~g desi~ requ~ements: - a. Strays ~d ~s shM1 not exceed fo~ (4) feet ~ width 0n residen6M-lo~. -' Wider stM~ays may be ~ed for commerciM prope~es, pubhc open-space recrea~onM prope~es, ~d plied ~t developments; b. L~ngs for sta~a~ ~d H~s on residentiM lots sh~ not exceed t~-~o (32) squ~e feet ~ ~ea. L~d~gs l~ger ~ tM~y-~o (32) squ~e feet may be used for commercial prope~es, pubhc open-space, ~d recrea6onM prope~es; c. C~opies or roofs ~e not ~owed on stM~ays, l~s, or l~gs; d. StM~ays, li~s, ~d l~d~gs may be either co~cted above the ~o~d on posts or pfl~gs, or placed ~ the ~°~d, prodded ~ey ~e desired ~d b~t' ~ a m~er that e~es conSOl of soft erosion; e. Strays, ~, ~d l~d~gs sh~ be located ~ the most ~uMly ~conspi~ous po~io~ of lots, ~ ~ewed ~om the s~ace of the public wa~r ~s~ing ~er, le~-on con~fions, whenever pra~cM; ~d Facilities such ~ r~ps, l~s, or mobili~ pat~ for physicMly h~dicapped pe~ons ~e also allowed for ac~e~g access ~ shore ~e~, pro~ded that ~e d~ensionM ~d ~o~ce st~dar& of subitems a. to e. ~e comphed ~th ~ addi~on to the req~ements of ~esota Relations, Chap~r 1340. Si~c~t Ms~c sites. No s~c~e shM1 be placed on a si~c~t Msto~c site ~ a m~er that ~ects ~e vMues of the site ~less adequate ~o~ation about the si~ has been removed ~d d~umen~d ~ a public reposito~. Steep slopes. ~e plug &ector shM1 evaluate possible soil erosion impac~ ~d development ~sibili~ ~om public waters before iss~g a pe~it for cons~cfion of Supp. No. 9 1196.1 § 20-481 CHANHASSEN CITY CODE sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (D Height of structures. All structures in residential districts, except churches and nonres- idential agricultural structures, shall not exceed thirty-five (35) feet in height. (Ord. No. 217, § 4, 8-22-94) Sec. 20-482. Shoreland alterations. (a) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (b) Vegetation alterations. (1) (2) Vegetation alteration necessary for the construction of structures and sewage treat- ment systems and the construction of roads and parking areas regulated by section 20-484 of this article are exempt from the following vegetation alteration standards. Removal or alteration of vegetation is allowed ~ubject to the following standards: a. Intensive {regetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conver- sion to another use outside of these areas is allowable if permitted as part of a development approved by the city council as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced; 2. Along rivers, existing shading of water surfaces is preserved; 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and 4. The clearing be limited to a strip thirty (30) percent of lot width or thirty~": (30) feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones. (Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96) Supp. No. 9 1196.2 .3. .,. Attachment 8 CITY OF MINNETRISTA Current Standards Following is the language from the City of Minnetrista's web site regarding lakeshore setback regulations: P2. What are the Lakeshore setback regulations? No principal structure or building addition shall be located closer to the ordinary high water mark than the greater of: a) Seventy-five (75)feet in all zoning districts except R2DB where the setback diminishes to fifty (50)feet, or b) A line which is drawn between the two closes riparian principal structures on either side (at the forward most protrusion * toward the water) ora proposed building addition or new structure, or c) The average setback of the two adjacent, riparian, principal structures on either side of a proposed building addition or new structure. For purposes of calculating the average, begin measuring at the forward most protrusion (toward the water). *protrusion shall include any part of the principal structure, such as decks, part of the dwelling unit, porches, etc. Protrusion shall not include slabs, detached buildings, detached garages, etc. For purposes of applying subsection b and c, if the adjacent riparian principal structures are greater than 200feet from the structure in question, these sections shall not apply. w~mv. cg minnetrista, mn. 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SHORELAND DISTRICT. 6. Shoreland District Standards. The following standards shall apply to all land within the shoreland district: a) Minimum lot area: b) Minimum water frontage at lot line: c) Minimum structure setback from ordinary high water mark: d) Maximum hardsurface coverage within 150 feet of ordinary high water mark: e) Elevation of lowest floor above ordinary high water mark: General Recreational Development(GD) Development (RD) 2,000 sq. ft. 22,000 sq. ft. 75 feet 75 feet 50 feet 75 feet 30 percent 30 percent 2 feet 2 feet a) All hardsurface runoff shall be treated in accordance with the requirements of the city and appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Facilities serving this purpose shall be properly maintained and serviced by the property owner. g) Discharge into the public waters shall occur at a rate no greater than the rate allowed by the city engineer in accordance with the city's sto~rnwater management plan and appropriate watershed district requirements. h) All construction projects shall provide erosion control as required by the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this section, the more restrictive standard shall apply. J) There shall be no setback from the boundary of the shoreland district for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, fences, light poles, traffic signals, traffic regulatory signs, mailboxes, and other equipment that provides an essential public service. 8. Exceptions to Structure Setback Requirements. The following are exceptions to the setback requirements for structures. a) Setback requirements from the ordinary high water mark shall not apply to boathouses, piers or docks. The location of piers and docks shall be controlled by applicable state and local regulations. Boathouses may be allowed as a conditional use provided they are not used for habitation and do not contain sanitary facilities; b) Shoreland R-1 lots of record as of February 12, 1966, may maintain a lakeshore setback determined by a line drawn from the closest shoreward comers of the two immediately adjacent structures as long as there is a minimum setback of 35 feet for principal structures and 25 feet for decks and unenclosed or uncovered patios. In order to qualify for one of the above setback exceptions, it is the responsibility of the applicant to provide documentation acceptable to the city to verify adjacent and average setbacks. Figure 25 I © Municipal Code Corporation, Affiliated Municipality, 2001. Eagan' Code of Ordinances Document-- 36 Hits Page 1 of 2 Attachment 11 PREVIOUS HIT PREVIOUS PAGE NEXT PAGE NEXT HIT CITY CODE Chapter 11 LAND USE REGULATIONS (ZONING)* Sec. 11.21. Shoreland zoning. (For navigation try the Table of Contents under the Options menu above. Use Reference links above move to Document Titles.) __ (5) Commercial and industrial uses and attached (multiple) residential dwelling uses are prohibited within the shoreland of natural environment waters. C. Urban rivers and tributaries. No development shall be permitted along urban rivers and tributaries. D. Lot area and width requirements. The provisions of this subdivision with respect to the minimum lot area in square feet and minimum lot width requirements in lineal feet shall apply to residential lots created after the date of enactment of this section, as amended. Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line. Subd. 9. Genera/provisions. A. Lots for contrOlled accesses. Lots used for controlled accesses to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards: 1. Lots shall meet the minimum width and area requirements for residential lots and be suitable for the intended uses; 2. In the event docking, mooring, or over-water storage of more than six watercraft is present on a controlled access lot, the width of the lot (keeping the same lot depth) shall be increased by 25 percent in lot frontage for each watercraft beyond six; 3. Lots shall be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the city and the DNR; and 4. Land covenants or other equally effective legal instruments shall be executed and provide the following restrictions: (a) Lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment or normal property rights of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. (b) The total number of vehicles allowed to be parked on the lot. (c) The total number of watercraft allowed to be continuously moored, docked, or stored over water. .../orn_isapi.dll?advquery=shoreland&infobase= 13070.nfo&record= { 1032 } &softpage=mccdoc4/10/2001 © Municipal Code Corporation, Affiliated Municipality, 2001. Page 2 of 2 (d) Centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. (e) All parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water. B. Placement and design of structures. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots of a proposed building site, structure setbacks required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone. RETURN TO TOP OF PAGE NEXT PAGE NEXT HIT Municipal Code Corporation: Codes, Minutes, Custom Legal Publications .../orn_isapi.dll?advquery=shoreland&infobase= 13 070.nfo&record= { 1032 } &softpage=mccdo 4/10/2001 - -_/ / ~ Attachment12 ~~- f '~ _ _~ , APR 2, & 1998 Lucy F~t~t~ J [ Preliminary Plat