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Home My WebLink About8F - Lakeshore & Bluff Setbacks MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT ~ r;:-~v.k de ~v-&N~'~ c\-t.rh~~ · ru-~6j~~f.(}I~r 1~~~ Ii) t4 .JO~J,. W~ ~~~ JULY t(200tr ;V_1.. i) · I \: r;~ zry.. SF Dlo~ 'I'6~ ~ , """IU I rp, .... JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROV AL OF ORDINANCE OO-XX APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE ALLOWABLE SETBACK ENCROACHMENTS TO THE REQUIRED LAKESHORE AND BLUFF SETBACKS AND TO THE DEFINITIONS OF LOT AREA AND FRONT YARD ON A LAKESHORE LOT (Case File #00-032) Historv: The purpose of this agenda item is to consider an amendment to the Zoning Ordinance that clarifies the allowed encroachments into the required lakeshore and bluff setback requirements. This amendment was initiated by the Planning Commission in response to an appeal from the decision of the Zoning Administrator denying an encroachment into the bluff setback. A form of this amendment was first considered by the Planning Commission on May 8, 2000. The Plmming Commission directed staff to review the definitions of yards on a lakeshore lot and to clarify the allowable encroachments into a bluff and lakeshore setback. Front Yard on a Lakeshore Lot: The unique nature of a riparian, or lakeshore lot causes some confusion about what is considered the front yard on these lots. While the Zoning Ordinance definition of a front yard generally refers to the portion of the lot adjacent to a road, many property owners on the lake consider the lakeside as the front yard, since the houses are often oriented in that direction. The front yard is, by definition, the portion of the lot adjacent to the road. This is generally where the entrance to the house is located. In addition, addresses are based on the road frontage. The staff reviewed the previous Zoning Ordinance to determine how a front yard on a riparian lot was defined. That ordinance clearly defined the front yard as the part of the lot adjacent to a road. In order to clarify this, the staff recommends this language be added to the current definition as follows: 162b'B~lg~~O~~~~!){dX8~i~\~~orf~~crg~~~1i\5iinnesota 55372-1714 / Ph. (612) 447-4230 / FalW12) 447-4245 A0i EQl:,.'\L OPPORTLNITY E:V1PLOYER Yard, Front. An area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a distance as specified in the required yard regulations for the district in which such lot is located. For lakeshore property, the front yard shall be considered that part of the lot located between the road and the nearest parallel line drawn across the front of the principal building or the minimum front yard setback. Lakeshore and Bluff Setback Encroachments: In March, 2000, the Planning Commission considered an appeal to the decision of the Zoning Administrator to deny a request to allow a balcony to encroach into the required bluff setback. Section 1101.503 of the Zoning Ordinance does allow some encroachments into required setbacks. However, the Planning Commission confirmed the interpretation of the Zoning Administrator that this section applies to the general provisions of the ordinance. It does not apply to special provisions, such as overlay districts. The Commission denied the appeal and initiated an amendment to the Zoning Ordinance to clarify the intention of the encroachments. On May 8, 2000, the staff proposed the following language be added to Section 1101.503 (Yard Encroachments): (10) The provisions of Section 1101.503, (1-8) shall not apply to the Lakeshore or Bluff Setbacks required in Section 1104 of the Zoning Ordinance. There was testimony at the public hearing stating this language was too broad, and that it would exclude the placement of flag poles, bird paths and air conditioning equipment. In order to narrow the focus of this amendment, the staff suggested the following: (10) The provisions of Section 1101.503, (1, 5 and 8) shall not apply to the Lakeshore or Bluff Setbacks required in Section 1104 of the Zoning Ordinance. This language clarifies the intent of this ordinance. It does not allow encroachments such as eaves, gutters, and balconies in the lakeshore or bluff setbacks. It does, however, allow items such as flag poles and bird baths. Lot Area: In reviewing the definitions for this amendment, it also came to our attention that the definition of lot area did not specifically state that areas below the Ordinary High Water Elevation are not included in the calculation for lot area. While this language is included within the Shoreland section of the ordinance, it should also I: \00files\00ordamd\zoning\00-03 2\0003 2ee.doe Page 2 be included in the definition of lot area for clarification. Therefore, staff suggests the following amendment: Lot Area. The area of a lot in a horizontal plane bounded by the lot lines. Only land above the ordinary high water level of a public water or above the 1 DO-year water elevation of a wetland or pond may be used to meet the minimum lot area requirements. The DNR has also reviewed the proposed amendments, and has no objections. Current Circumstances: The Planning Commission considered this request at a public hearing on June 12, 2000. The Planning Commission also received the attached letter opposed to this amendment. The Planning Commission recommended approval of the proposed amendments to the definitions of front yard and lot area. The Planning Commission was also in favor of the amendment clarifying the allowed encroachments into the lakeshore and bluff setbacks. The Commission, however, suggested a change in the way this amendment was structured. The Commissioners recommended the language originally considered on May 8, 2000, be adopted. Additional language should then be added to the Shoreland regulations identifying the specific encroachments that may be allowed. The allowable encroachments in the lakeshore and bluff setbacks should be limited to yard lights, nameplate signs, flag poles, bird baths, and other ornamental features, and heating, ventilating and air conditioning equipment. The specific language is shown on the attached ordinance. A copy of the minutes of the June 12, 2000, Planning Commission meeting is attached to this report. The Issues: The City Council must make a decision whether to amend the ordinance based on the following criteria: . There is a public need for the amendment; or . The amendment will accomplish one or more of the purposes of the Zoning Ordinance, the Comprehensive Plan or other adopted plans or policies of the City; or . The adoption of the amendment is consistent with State and/or federal requirements. The proposed amendment is consistent with the intent and purpose of the Zoning Ordinance. It is important to note this language does not change the way in which the ordinance has been administered. It is simply a clarification of the existing language. Conclusion: The Planning Commission and the staff recommend approval of this amendment. 1: \00files\000rdamd\zoning\00-03 2\0003 2ee.doe Page 3 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The City Council has three alternatives: 1. Adopt Ordinance 00- XX approving the proposed amendment as recommended. 2. Deny Ordinance oo-xx. 3. Defer this item and provide staff with specific direction. The staffrecommerids Alternative #1. A motion and second to adopt Ordinance 00- XX approving the amendment as recommended by the Planning Co~miss~. Approval of this ordinance requires a 4/5 vote of e Counc. if , I. anager 1,,,,-_ I: \OOfi les\000rdarnd\zoning\00-03 2\0003 2ee.doe Page 4 CITY OF PRIOR LAKE ORDINANCE NO. 00- XX AN ORDINANCE AMENDING SECTIONS 1101.400, 1101.503, A~'D 1104.308 OF THE ZONING ORDINANCE RELATING TO THE DEFINITIONS OF LOT AREA AND FRONT YARD ON A LAKE SHORE LOT AND THE ALLOWED SETBACK ENCROACHMENTS TO THE REQUIRED LAKE SHORE AND BLUFF SETBACKS The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.400 of the Prior Lake City Code is hereby amended by adding the language in bold italics as follows: Lot Area. The area of a lot in a horizontal plane bounded by the lot lines. Only land above the ordinary high water level of a public water or above the 100-year water elevation of a wetland or pond may be used to meet the minimum lot area requirements. 2. Section 1101.400 of the Prior Lake City Code is hereby amended by adding the language in bold italics as follows: Yard, Front. An area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a distance as specified in the required yard regulations for the district in which such lot is located. For lakeshore property, the front yard shall be considered that part of the lot located between the road and the nearest parallel line drawn across the front of the principal building or the minimum front yard setback. 3. Section 1101.503 of the Prior Lake City Code is hereby amended to add the following language: CI-7 \ (10) The provisions of Section 11 01.503,~) seallnot apply to the LakeS/lOre or Bluff Setbacks required in Section 1104 of the Zoning Ordinance. 4. Section 1104.308 (2) of the Prior Lake City Code is hereby amended to add the following language: (8) The following shall not be cOIISidered encroachments into the lakeS/lOre or bluff setback: a. Yard lights and nameplate signs for one and two family dwellings in the R-l, R-2, and R-3 Districts. b. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of subsection 1107.1800. c. Flag poles, bird baths and other omamental features detached from the principal building which are a minimum of 5 feet from any lot line. d. The following shall not be encroachments on front yard requirements: 1:\OOfiles\00ordamd\zoning\00-032\ordOOxx.doc Page 1 16200 Eagle Creek Ave S_L Prior Lake. Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-42--1-:) ~\ EQl',-\l OPPORH ':\ITY E\IPlO\TR -"T------'--- -------..,---..--- ..,--,- --- - >- Awnings and door hoods which extend 5 feet or less into the required front yard. >- A vestibule which extends 5 feet or less into the required front yard under the following conditions: . The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code. · The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of subsection 1107.2200. · The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. >- Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. e. The following shall not be encroachments on side and rear yard requirements: . Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than 6 feet from the principal structure. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of July, 2000. ATTEST: City Manager Mayor Published in the Prior Lake American on the 22nd day of July, 2000. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 I :\OOfiles\OOordamd\zon ing\00-032\o rdOOxx.doc Page 2 PLANNING COMMISSION MINUTES MONDAY, JUNE 12,2000 1. Call to Order: The June 12,20 Planning Commission meeting was called to order by Chairman Cramer at 6:30 p.m. hose present were Commissioners Atwood, Cramer, Stamson and Vonhof, Planning Dir or Don Rye, Planning Coordinator Jane Kansier, Assistant City Engineer Sue McDermot d Recording Secretary Connie C son. Vonhof Criego Cramer Atwood Stamson 2. Roll Call: 3. The Minutes from the presented. meeting were approved as Commissioner hearing. er read the public hearing statement and opened the first public 4. Public Hearings: .., A. Case File #00-032 Consider an amendment to sections 1101.400 and 1101.503 of the Zoning Ordinance relating to the definitions oflot area and front yard on a lakeshore lot and the allowed setback encroachments to the required lakeshore and bluff setbacks. Planning Coordinator Jane Kansier presented the Planning Report dated June 12,2000, on file in the office of the Planning Department. This amendment to the Zoning Ordinance is to clarify the allowed encroachments into the required lakeshore and bluff setback requirements. The amendment was initiated by the Planning Commission in response to an appeal from the decision of the Zoning Administrator denying an encroachment into the bluff setback. The Planning Commission directed staff to review the definitions of yards on a lakeshore lot and to clarify the allowable encroachments into a bluff and lakeshore setback. Marvin Mirsch submitted a letter dated June 9, 2000, stating his objection to restricting encroachments for riparian lots. L:\OOFILES\OOPLCOMM\OOPCMIN\MN061200. DOC 1 - - -,.,----' Planning Commission Minutes June 12.2000 The DNR had no objections to the amendments. Staffs recommendation was to approve the amendments as proposed as they are consistent with the intent and purpose of the Zoning Ordinance and the Comprehensive Plan. There were no comments from the public. Comments from the Commissioners: V onhof: . The language clarifies what the intent and implementation of the ordinance. This does not change the original intent. It is just clarification language. It is fairly well done. Atwood: . Agreed with V oOOof, it is just a clarification and easier to understand. Stamson: . Agreed the application has not changed, the only concern is the way it reads. It would make more sense to leave in all the provisions in Section 1101.503 and then make a section for exceptions in the Shoreland District. Add a sentence allowing ornamental items. This section does not apply to the Shoreland District. It is contrary to our argument in March. Cramer: . Agreed with Stamson, maybe the ordinance should be reworded. Add a sentence to indicate those items that do not require a building permit, birdbaths, air-conditioning units, etc. V onhof: . Approve the language considered at the May 8, 2000 meeting and add a sentence that this would also exclude ornamental items from the Shoreland District. Rye clarified leaving the general encroachment language in place and then add specific language to the Shoreland District that says "these are permitted encroachments". MOTION BY STAMSON, SECOND BY VONHOF TO ADOPT THE LANGUAGE FROM THE MAY 8, 2000 PLANNING COMMISSION MEETING STATING THE PROVISIONS OF THE 1101.503 1 THROUGH 8 SHALL NOT APPLY TO THE LAKESHORE OR BLUFF SETBACKS REQUIRED IN SECTION 1104 OF THE ZONING ORDINANCE; ALSO ADD LANGUAGE TO SECTION 11 04 STATING THAT THE ITEMS LISTED IN SECTION 1101.503 (2, 3,4,6 AND 7) ARE 1 :\OOfi les\OOplcomm\OOpcmin\mn061200 .doc 2 Planning Commission Minutes June 12.2000 PERMITTED AS ENCROACHMENTS IN THE LAKE SHORE AND BLUFF SETBACKS. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY STAMSON, BY SECOND BY VONHOF, TO RECOMMEND APPROVAL OF ORDINANCE OO-XX AMENDING SECTIONS 1101.400 AND 1101.503 OF THE ZONING ORDINANCE RELATING TO THE DEFINITIONS OF LOT AREA AND FRONT YARD ON A LAKESHORE LOT AS RECOMMENDED BY STAFF. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go to the City Council on July 17,2000. B. Cas Zoning Ordi right-of-way fo He #00-037 Consider an amendment to Section 110 104 (5) of the ce adding a condition prohibiting the use of p IC sidewalks or utdoor sales in the C-3 (Specialty Business strict). Planning Coordinato file in the office of the e Kansier presented the Planning ing Department. In August, 1999, the City C Ordinance to allow outdoor display and sales in the C-3 Zo . g District (down n area). This amendment allowed outdoor sales as an accessory use ith five condo ons. Following adoption of the amendment, the Council asked staf consid other conditions that might be applied to outdoor sales in the downtown area. M I, 2000, the staff submitted a report to the Council suggesting the current condition ere adequate for this use. The only other condition that could be added is one pr 0 'ng the use of public sidewalks or right-of- way for outdoor sales. Staff felt the current ordinance s ed to be adeq te for the control of outdoor sales in the downtown area. The addif al condition propo d by staff will serve to protect the integrity of the public right- way. There were no commen from the public. Atwood: · Question the gross floor area and how it applies. · It is str ht fOlWard. Supported as is. V onh . I :\OOfiles\OOp1comm\OOpcmin\mn061200.doc 3 -'--.-----00--'1- - June 9, 2000 ~ [~ ~ 12 01 \"/1 @I":"-,,] U J1I-" ~-? '-'=-:-0 \.'!.J L:"'I",I/II) \ 1 / 'I I" i\\! JJN' 2 ~ I: i i i\ \ I ;11 j I I\\! i;:)', -~ ~'~'-------------_._'_J:............/ i Prior Lake Planning Commission Margi Atwood Mark Cramer William Criego Anthony Stamson Tom Vonhof Mike Gundlach i _I Dear Commission Member, This letter is to provide input to the Public Hearing, 12 June, concerning an amendment to Section 1101.503, allowable encroachments on riparian lots lakeshore and bluff setbacks. Conflicts prevent me from appearing. The June 8 Staffreport for revised amendment wording addresses many concerns expressed in my May 8 Public Hearing testimony. I am asking you to again not consider restricting these encroachments for riparian lots. Subsection (1) Eaves and gutters less than 24 inches. The wording allowing eaves and gutters was added back by direction to the Zoning ordinance at the November 2, 1998, City Council Meeting. The reasoning was, ''Need to consider aesthetics and water runoff." You must still address these same considerations. The reasoning to eliminate the encroachments is not completely understood when applied to Prior Lake's urban environment. The appearance of eaves and gutters, less than 24 inches, doesn't strike me as destroying the aesthetics of Prior Lake's Lakeshore. Eaves and gutters can help control erosion and add to energy savings on the lake side of homes. You must also consider that the Zoning Ordinance only specifically prohibits intrusion into the "Shore Impact Zone" (50% of the structure setback or 37.5 feet) and the "Bluff Impact Zone" ( Section 1104.303 or 20 feet). Applications of the present wording to riparian lots currently protect both prohibitions. Subsection (8) "Detached outdoor picnic shelters, and recreational equipment," should not be considered encroachments. Outdoor picnic shelters are not defined in the ordinance, but, a strict interpretation might include picnic tables, fixed grills etc. The "Recreational Equipment" has a very broad definition, ". , but not limited to, boats, boat trailers, . . . , fish houses, ... jet skis, and snowmobiles." (See page 110l/p21, Section 1101.400). While these items may not be "constructed" the wording in the ordinance under strict interpretation will effectively ban these items between the home and the Ordinary High Water, normally where these items are kept. Thank you for your consideration of these critical concerns. cc: Jane Kansier Sincerely, '. // ~V-v" /'~~-.-/ ~in W. Mirs6t Sr. 15432 Red Oaks Road SE (Seasonal) Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 00- XX AN ORDINANCE AMENDING SECTIONS 1101.400, 1101.503, AND 1104.308 OF THE ZONING ORDINANCE RELATING TO THE DEFINITIONS OF LOT AREA AND FRONT YARD ON A LAKE SHORE LOT AND THE ALLOWED SETBACK ENCROACHMENTS TO THE REQUIRED LAKESHORE AND BLUFF SETBACKS The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.400 of the Prior Lake City Code is hereby amended by adding the language in bold italics as follows: Lot Area. The area of a lot in a horizontal plane bounded by the lot lines. Only land above the ordinary high water level of a public water or above the 100-year water elevation of a wetland or pond may be used to meet the minimum lot area requirements. 2. Section 1101.400 of the Prior Lake City Code is hereby amended by adding the language in bold italics as follows: Yard, Front. An area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a distance as specified in the required yard regulations for the district in which such lot is located. For lakeshore property, the front yard shall be considered that part of the lot located between the road and the nearest parallel line drawn across the front of the principal building or the minimum front yard setback. 3. Section 1101.503 of the Prior Lake City Code is hereby amended to add the following language: (10) The provisions of Section 1101.503, (1-8) shall not apply to the Lakeshore or Bluff Setbacks required in Section 1104 of the Zoning Ordinance. 4. Section 1104.308 (2) of the Prior Lake City Code is hereby amended to add the following language: (8) The following shall not be considered encroachments into the lakeshore or bluff setback: a. Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2, and R-3 Districts. b. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of subsection 1107.1800. c. Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. d. The following shall not be encroachments on front yard requirements: 1:\OOfiles\OOordamd\zoning\00-032\ordOOxx.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ Awnings and door hoods which extend 5 feet or less into the required front yard. ~ A vestibule which extends 5 feet or less into the required front yard under the following conditions: · The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code. · The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of subsection 1107.2200. · The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. ~ Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. e. The following shall not be encroachments on side and rear yard requirements: Heating, ventilating and air conditioning equipment in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than 6 feet from the principal structure. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of July, 2000. ATTEST: City Manager Mayor Published in the Prior Lake American on the 22nd day of July, 2000. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 I :\OOfiles\OOordamd\zoning\OO-032\ordOOxx.doc Page 2 T t\1-t~" :c.\.~ B~. MEMORANDUM July 17,2000 To: Frank Boyles ,..... /1;1') " ! I From: Don Rye ~h.( Subject: Letter from Marvin Mirsch dated July 17,2000 You asked me to comment on Mr. Mirschs' letter regarding encroachments on lakeshore and bluff setbacks. The Planning Commission received a virtually identical version of this letter at the June 12 Planning Commission. Mr. Mirsch did not attend the public hearing. The issues he raised were considered by the Planning Commission following the hearing. The DNR had concurred with the position taken by the Planning Commission and the staff. Regarding the eaves issue, he seems to be saying that a person cannot have eaves on the lake side of the house. This is not the case. The ordinance says that, in the case of riparian lots, the setbacks is measured to the eaves. A house would then be set back 2 feet from the required bluff or lakeshore setback to accommodate the eaves. Regarding recreational equipment, it is up to the Council to decide if these items should or should not be allowed in the required setbacks. As noted the Planning Commission recommendation is contained in the draft ordinance language. 16200 Eagle Creek Ave. SoL Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T