HomeMy WebLinkAbout10A - Setback from OHW Mark
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DISCUSSION:
CITY COUNCIL AGENDA REPORT
FEBRUARY 18, 2003
lOA
DONALD RYE, COMMUNITY DEVELOPMENT DIRECTOR
CONSIDER APPROVAL OF REPORT REGARDING 50 FOOT
VERSUS 75 FOOT SETBACK REQUIREMENTS FROM THE
ORDINARY HIGH WATER MARK (904')
History The 75 foot lakeshore setback in Prior Lake predates the
shore land ordinance by 10 years. The zoning ordinance adopted in
1975 provided for a 75 foot setback from all lakes in the City. This
setback was retained until May, 1997, when the Council adopted an
amendment to the zoning ordinance changing the setback to 50 feet.
The change came about as a result of a variance case and the change
was initiated by the Council at that time. Both staff and the Planning
Commission recommended against the amendment.
When the new zoning ordinance was developed, there was
considerable discussion about the 50 foot setback. Ultimately, the
Planning Commission recommended the setback be changed back to
75 feet as they felt a greater setback was beneficial to water quality,
presented better aesthetics to lake dwellers and users and was
consistent with over 30 years of past practice. The Council adopted the
new zoning ordinance with the 75 foot setback in place.
Current Circumstances As noted above, the current setback from the
OHW is 75 feet. DNR Shoreland regulations specify a minimum
setback of 50 feet for General Development lakes in the State.
Consequently, if the City were to lower the setback to 50 feet again,
the ordinance would still comply with the State rules. The City
ordinance does not comply with the impervious surface standards in
the rules (30% maximum impervious surface in the ordinance versus
25% in the state rules) and building height (35 feet in the ordinance
versus 25 feet in the rules). Staff was of the opinion the greater
impervious surface was allowed because of the greater lake setback
but the DNR has indicated there is nothing in their records to support
this idea.
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L:\03 Files\03 Subject\50foot021803.doc
Many of the houses on the lake were constructed before they were
annexed into the City in 1973 and, as a result, existing setbacks on the
lake vary considerably. There are houses that have virtually no setback
and houses that are several hundred feet from the lake. Since the
zoning ordinance was adopted in 1973, the sethack has been 75 feet
with the exception of the period from May, 1997 to May, 1999. As a
result, much of the construction on the lake has been subj ect to the 75
foot setback.
Issues The primary issue here is consistency in applying the ordinance.
Typically, ordinances are not amended unless there is a compelling
reason and public benefit to be derived. The Lake Advisory
Committee has, in the past, been opposed to what they called "lake
creep" or the continued encroachment of structures toward the lake.
The DNR has stated there are water quality benefits that derive from a
greater setback. The Planning Commission has consistently
recommended the greater setback when the issue has arisen.
Probably the most significant issue is the reaction of property owners
that have had variances for setbacks less than 75 feet denied in the past
that would be able to build the house or addition without a variance. It
is probably true that a reduction of the setback would decrease the
number of variances considered by the Planning Commission over
time.
Conclusion It appears there are significant reasons why the 75 foot
setback should be retained, although ultimately it is a policy issue to
be decided by the City Council. Changing the setback to 50 feet would
be allowed by the State shoreland rules. However, it could be argued
that the impervious surface and building height rules then should also
be amended to be compliant with the State rules.
I. Direct staff to proceed with an ordinance amending the Ordinary
High Water setback on Prior Lake from 75 feet to 50 feet.
2. Take no action
As the Council determines.
Manager
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