Loading...
HomeMy WebLinkAbout07 25 16 Public Presented Paperwork 1 1 To: Mayor Ken Hedberg Councilmembers: Richard Keeney Mike McGuire Monique Morton Annette Thompson From: John Meyer Date: June 13, 2016 at City Council Meeting Subject: Island Development I am specifically looking at Zoning Ordinance 1104.309 # (4) ( Island Development ). Exhibit A In May 1999 it says,in part, specifically for Twin Island On Twin Island, the minimum lot size requirements is 15,000 square feet or 2 contiguous (side by side) Lakeshore lots, whichever is less." Exhibit B In Jun 2009 it says, in part, specifically for Twin Island "On Twin Island, the minimum lot size requirement is 12,000 square feet' Lot 51 on Twin Island is only 5,966 square feet Lot 51 has less than half the minimum lot size requirement for Twin Island. Lot 51 is one of the smallest parcel on Twin Island, if not the smallest. Tiny parcel equals Tiny cabin Exhibit C Zoning Ordinanmce 1108.406 ( Decision on Variance ) Exhibit D Picture of Tiny House Brainerd City Council is considering to be constructed on "non-conforming lot" typically those lots that are 7,000 square feet or less. Exhibit E Picture of another dwelling that is 267 - square feet where a Minnesota family of 4 plus their dog live year-round in Minnesota. This was an article in the Minneapolis Star Tribune recently. Zoning Ordinance (4) The minimum lot size for all islands without municipal sewer and water is one acre. On Twin Island, the minimum lot size requirement is 15,000 square feet or 2 contiguous (side by side) Lakeshore lots, whichever is less. (5) The minimum lot width at OHWM is seventy five feet (75'). (6) Setbacks for structures on islands shall comply with the following: Structure setback from OHWM 100 feet Side yard 10 feet > Gray Water System from OHWM 75 feet (7) Clear cutting of natural vegetation is prohibited. Natural vegetation shall be restored insofar as feasible immediately after any construction project is completed to retard surface runoff and soil erosion. (8) Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be submitted and reviewed by the City to ensure that natural vegetation is retained insofar as possible to screen seasonal structures and other buildings on site. (9) The lowest floor elevation of the structure including basement and crawl space must meet the requirements of Section 1105 or the provisions for locating the low floor elevation as described in subsection 1104.308(3). 1104.400: SHORELAND ALTERATIONS: Alterations of vegetation and topography will 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. 1104.401 Vegetation Alterations: (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 1104 are exempt from the vegetation alteration standards that follow. (2) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated by Section 1104 is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable 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. City of Prior Lake May 1, 1999 1104/p14 Zan*Clydinanre (7) Steep Slopes: The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When necessary, conditions must 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. 1104.309 Island Development: Development on islands without municipal sewer and water shall be subject to the following conditions: (1) Permitted uses on islands are limited to seasonal cabins and other seasonal structures, public parks and open space. Year-round residences are not permitted. Recreational facilities, such as a pavilion or picnic facilities for a homeowners' association, may also be permitted by conditional use permit as set forth in Subsection 1108.200. (2) Any structure built on an island must contain an enclosed septic system or incinerator toilet facilities. (3) An application for a building permit or variance must include a signed lease arrangement that indicates that the owner has two (2), on-land parking spaces for vehicles. In addition, the owner is required to provide proof of residency, at some location other than the island, at the time of building permit application. (4) The minimum lot size for all islands without municipal sewer and water is one acre. On Twin Island, the minimum lot size requirement is 12,000 square feet. (5) The minimum lot width at OHWM is seventy five feet (75'). (6) Setbacks for structures on islands shall comply with the following: Structure setback from OHWM 100 feet Side yard 10 feet Gray Water System from OHWM 75 feet (7) Clear cutting of natural vegetation is prohibited. Natural vegetation shall be restored insofar as feasible immediately after any construction project is completed to retard surface runoff and soil erosion. (8) Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be submitted and reviewed by the City to ensure that natural vegetation is retained insofar as possible to screen seasonal structures and other buildings on site. (9) The lowest floor elevation of the structure including basement and crawl space must meet the requirements of Section 1105 or the provisions for locating the low floor elevation as described in Subsection 1104.308(3). oh.of Prior Luke ./une 1. 2009 1104/pI6 faring Ordinance 1108.403ard yof Adlustment Decide: Va and decided by the Board of Adjustment.eThe(Board of Adjustment shall conVariance applications are sider effect of the strict application of the provisions of the Zoning Ordinance on the applicant's property and the impact granting the Variance will have Comprehensive Plan, In addition the Board of Adjustment shall consider the requirements of all other applicable State Statutes, the information in the application, the information in the Staff Report and the criteria set out in Subsection 1108.406. The Board of Adjustment shall make specific findings relating to each of the criteria in Subsection 1108.406 to support its decision. 1108.404 Notice of Hearing. After receipt of a complete application, the Zoning Administrator shall set a date and publish notice of a public hearing before the Board of Adjustment. The public hearing must occur within 30 days after receipt of a complete application. The public hearing shall be held only after the notice required by subsection 1109.200 has been given. 1108.405 Public Hearings on Variance Applications. The Board of Adjustment shall hold a public hearing in accordance with Subsection 1109.200 to hear arguments for and against the proposed Variance. The Board of Adjustment may continue the hearing from time to time if a continued hearing is reasonably required. Final action on the proposed Variance must occur within 60 days from the date the complete application was received by the City, unless the City notifies the applicant in writing that it intends to extend the decision deadline by an additional 60 days. The written notice must state the reason the City is extending the decision deadline. 1108.406 Decision on Variance. The Board of Adjustment, or City Council upon appeal, may grant a Variance from the strict application of the provisions of the Zoning Ordinance, if it finds all of the following criteria are satisfied: (1) There are practical difficulties in complying with the strict terms of the Ordinance. "Pr„"• u�• -," as used in connection with the granting of a Variance, means e prope owner proposes to use the property in a reasonable manner not mitted b the nir►�Ordinance. Economic considerations alone do not consitate per meal culties. (2) The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. (3) The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. (4) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. (5) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. (Ord,Amend. 114-01, publ. 1/18/14) 1108.407 Limitations. No application for a Variance shall be accepted, and no Variance shall be granted by the City for any of the following: Land uses not specifically listed within a Use District. Floor elevations lower than the Flood Protection Elevation, or levels of flood protection required in the Flood Plain District. City,')'Prior Lake June 1,20r)9 1108/pl1 V • Oli . bk `i.4.., +4, , 'ti+ i J -- 1 } 1 Photo: Wikimedia Commons The"tiny house'movement is catching on in communities around the country,including Seattle, New York and even Madison, Wisconsin.And now Brainerd is moving in that direction as well. The Brainerd City Council on Monday approved the idea of allowing very small houses to be built on some small vacant lots in the city,the Brainerd Dispatch reports.The council asked for some changes in the proposed ordinance,and it will consider final approval of the measure next month. Tiny houses—typically 400 square feet or less—are being promoted as a way to provide less expensive and more energy-efficient housing. The smallest of the tiny houses are often built on trailers, so they can be easily moved from one location to another. Ella� • • Ft" * ia f h e ~ s" ' " In Brainerd,the idea is a bit more practical,in that it will allow new houses to be constructed on"non- conforming"lots,typically those that are 7,000 square feet or less,which might be too small for a traditional house.City planners say there are more than 400 vacant lots in the city that could qualify, according to the Star Tribune. E4** VARIETY What's it really like to live in a 267-square-foot house? A Minnesota family tells all Taw 4 . 4304, aN Photo Gallery- Home&Garden: Tiny house c:�,nfic eritlId By KIM PALMER, STAR TRIBUNE ?:` ?AM • Kim Kasl is raising two young children without benefit of washer, dryer or TV. But she doesn't feel deprived. "This is a choice,"she said of her family's decision to live a minimalist life in a portable one-room cottage perched next to a sparkling lake in south central Minnesota. The choice has allowed them to get by on one income, to home-school their kids and "instill amazing values —valuing experiences and time together over stuff we store in our house," she said. MEMORANDUM To: Prior Lake Planning Commission From: Sarah Schwarzhoff, City Attorney Date: June 9, 2016 Re: Buildable Lots Nonconforming Lot of Record A nonconforming lot of record is a lot that predates the current zoning and subdivision regulations and was a buildable lot under the regulations that existed when the lot was created. Regulations can be imposed on a nonconforming lot of record such as increased setbacks, but if the new regulations make a lot of record non-buildable the owner may have a claim for a regulatory taking. The owner would need to prove that the regulations "went too far" and prevent the owner from making any use of the property. The court cases considering regulatory takings provide factors to consider, but do not establish a bright-line rules as to what constitutes a regulatory taking. If a court finds that a regulatory taking has occurred the City would be responsible for paying the owner the value of the property taken. The nonconforming lot of record concept is similar to the legal nonconformity concept. The law seeks to balance the owner's preexisting rights to use the lot with the current regulations. Legal nonconformities can generally be continued but not expanded. In the same way, a nonconforming lot of record should generally remain buildable, but possibly not to the same extent. Shoreland Lot of Record In 2009 the Minnesota legislature adopted requirements relating to nonconforming lots of record in shoreland areas. Minn. Stat. 462.357, Subd. le(d)through(j). First, a nonconforming single lot of record may be allowed as a building site without variance provided that (1) structure and septic setbacks can be met; (2) a compliant type 1 septic system can be installed or the property is connected to public sewer; and (3) impervious surface • coverage does not exceed 25%. Minn. Stat. 462.357, Subd. le (e). This provision permits but does not require the City to allow building on nonconforming lots of record without variances. Second, if any of these three requirements cannot be met, the City may consider variances. As with all other variances, the City must consider the practical difficulties standard and determine if it is appropriate to grant the requested variances. In addition, for nonconforming lots of record in a shoreland area, if applicable the City must require the property owner to address: "storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions." Minn. Stat. 462.357, Subd. le (i). Finally, the remaining shoreland lot of record statutory provisions focus on nonconforming lots of record that share common ownership. The statute provides that if abutting lots of record are under common ownership, the lots must be developed together. Minn. Stat. 462.357, Subd. 1e (f), (g) and (h). Again, the law seeks to balance an owner's right to develop an existing lot with the State's desire to decrease the number of small nonconforming lots. Conclusion A lot of record in a shoreland area should generally be considered a buildable lot. However, the City is permitted to impose additional regulations limiting the use of the lot. The City must follow its standard procedure for variances. The•City is not required to grant the requested variances. If the City denies the requested variances the City should provide direction to the applicant as to what types of uses and/or variances might be permitted to illustrate that not all use of the lot is being denied. Twin Isles In this case, the lots in question were platted in 1925 as Twin Isles. The lots were all buildable when platted in 1925 and as such all qualify as nonconforming lots of record in a shoreland area. Most of the existing structures were constructed before the legislature adopted the shoreland lot of record regulations in 2009. Therefore if property owners were given different information in the past it was likely a result of different governing statutes. Under the current law, the lots on Twin Isles under separate ownership should be considered buildable lots that require variances from the current City regulations. Abutting lots under common ownership should be developed together.