HomeMy WebLinkAbout4A Island Development - Ordinance Amendments PC Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: DECEMBER 5, 2016
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
AGENDA ITEM: PUBLIC HEARING TO CONSIDER RECOMMENDING AMENDMENTS TO
SUBSECTION 1104.309 (ISLAND DEVELOPMENT) OF THE CITY CODE
DISCUSSION: Introduction
The purpose of this item is to consider amendments to the Island Development
Ordinance (Subsection 1104.309). The revisions include clarifications to what
is considered a legal lot of record for buildable purposes and the minimum struc-
ture setback to the ordinary high water mark (OHWM) of Prior Lake.
History
On July 25, 2016 while considering approval of a variance appeal on a Twin
Isle property, the City Council directed City Staff to consider ordinance amend-
ments to the Island Development Subsection of the Shoreland District Ordi-
nance. Twin Isle was platted in 1924 as 64 lots designed for seasonal cabins.
Over the decades, these lots have been combined and thereby reduced in
number to 49 parcels. Today, many of these parcels are under common own-
ership as well, thereby reducing the number of buildable lots to no more than
40 lots per current MN State Statute 462.357.
Current Circumstances
The policy of the City’s shoreland ordinance is to “provide for the wise develop-
ment of shorelands of public waters.” To accomplish this objective, the City de-
sires to maintain reasonable requirements for consistent development on islands
within the municipality.
Buildable Lot
The buildable nature of a lot of record in shoreland districts has been regulated
by MN State Statue 462.357. In summary, the state regulation allows for legal
nonconforming lots of record to be identified as “buildable lots” if the lot meets
certain criteria. If it does not meet the criteria and is under common ownership
with a contiguous property, the lot must be combined for the purposes of the
buildable nature. The attached memorandum from the City Attorney in the sum-
mer of 2016 explains the regulation in greater detail. City staff, at the direction
of the City Council, has proposed an ordinance amendment to clarify the intent
of the state/city shoreland regulation.
Lake Setback
Very little development on islands currently exists in Prior Lake outside of Twin
Isle. While many of the original cabins that exist on Twin Isle were constructed
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prior to modern shoreland ordinances in Prior Lake (prior to the late 1980s), cab-
ins that have been constructed or remodeled have requested structure setback
variances from the OHWM of Prior Lake. In various cases, setback variances of
50-60 feet or less have been granted through the variance process. Considering
these variance approvals, City staff is recommending that the “lake setback” be
changed from 100 feet to 75 feet and allow for averaging of structures on adja-
cent properties to a minimum of 50 feet. This is consistent with the current ordi-
nance for mainland properties in the Shoreland District. With this proposed or-
dinance amendment, any structure that would propose a lake setback of less
than 50 feet (with averaging) would still require a variance.
Maximum Structure Size/Footprint
The City Council asked staff to review possible restrictions that relate to the
structure(s), such as size, footprint and height. Staff believes it is difficult to put
in place a maximum building size because of the various shapes and configura-
tions of lots on the island. Size only provides part of the information. Instead,
staff relies on maximum impervious area, setbacks and building height limits to
ensure structures area appropriate for the lot. If anyone wants to exceed those
limits, they must obtain a variance which allows the City to consider them on a
case-by-case basis. In terms of further height limits, many lakefront homes strive
for maximum height, especially when a smaller lot limits the footprint due to im-
pervious surface restrictions.
Conclusion
Ordinance amendment recommendations of the Planning Commission and final
determinations of the City Council shall be supported by findings addressing the
relationship of the proposed amendment to the following policies. In the case of
amendments to the formal text of this Ordinance:
There is a public need for the amendment, or
The amendment will accomplish one or more of the purposes of this Ordi-
nance, 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 re-
quirements.
The amendment will accomplish one or more of the purposes of this Ordi-
nance, the Comprehensive Plan, or other adopted plans or policies of the
City. The proposed amendments meet these purposes of the Zoning Ordinance:
Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
Enhance the aesthetic character and appearance of the City.
Conserve natural resources and environmental assets of the community.
Establish a continuing system of review of this Ordinance to insure it will be
amended to meet changing needs of the community and advances in
science and technology.
The adoption of this amendment is consistent with state and/or federal re-
quirements. These amendments have been reviewed by the MN DNR and are
consistent with MN State Statute 462.357.
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Based upon the findings set forth in this report, staff recommends approval of
the proposed amendments. The DNR has tentatively approved of the recom-
mended changes. As is the typical procedure with shoreland ordinance amend-
ments, the DNR will be sought for formal approval of any City-approved ordi-
nance following City Council consideration of the item.
ISSUES: At the direction of the City Council, following much discussion regarding builda-
ble lot definitions and lake setbacks at a recently variance request, the City Staff
is recommending the following changes to the Island Development ordinance:
1104.309 (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.
A nonconforming lot of record may be deemed buildable or may be required to
be combined with one or more contiguous lots, all pursuant to MN Statute
462.357, Subd. 1e.
1104.309 (6)
Setbacks for structures on islands shall comply with the following:
Structure setback from OHWM 100 feet 75 feet
Side yard 10 feet
Gray Water System from OHWM 75 feet
Setback averaging for the structure setback from the OHWM may be permitted
as follows:
If there are existing principal structures on two abutting lots, any new
residential structure or any additions to an existing structure may be set
back from the OHWM either (i) the average setback of the abutting
structures from the OHWM; or (ii) 50 feet, whichever is greater, provided
all other provisions of the Shoreland Overlay District are complied with.
If there is an existing principal structure on only one abutting lot, the
average setback of the abutting structure and the next principal structure
within 150 feet may be utilized.
Setback averaging may not be utilized if at least one of the two abutting
lots does not have an existing principal structure.
In no instance, shall a principal structure be located in a shore impact zone or a
bluff impact zone.
ALTERNATIVES: 1. Motion and a second to recommend amendments to Subsection 1104.309
(Island Development)
2. Motion and a second to deny recommending amendments to the City Code
as requested by City staff.
3. Motion and a second to table action and provide direction to staff and con-
tinue discussion at a future specified meeting.
RECOMMENDED
MOTION:
Alternative #1
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ATTACHMENTS: 1. Proposed amendments to Subsections 1104.309 of the City Code.
2. Twin Isle plat showing original lots
3. Aerial photo showing parcels (SS refers to Spreadsheet data)
4. June 9, 2016 Memorandum from the City Attorney regarding buildable
lots in the shoreland district
5. MN Statutes 462.357
6. Comments from John Meyer (email dated 11/30/16)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p1
SECTION 1104
SHORELAND REGULATIONS
SUBSECTIONS
1104.100: General Provisions
1104.200: Designation of Types of Land Use
1104.300: Zoning Provisions
1104.400: Shoreland Alterations
1104.500: Special Provisions for Commercial, Industrial, Public/Semi-Public,
Agricultural and Forestry
1104.600: Water Supply and Sewage Treatment
1104.700: Conditional Uses
1104.800: Planned Unit Developments (PUDs)
1104.900: Development on Nonconforming Lots
(Excerpt of Section for the purpose of proposed Ordinance Amendment.)
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.
A nonconforming lot of record may be deemed buildable or may be required to
be combined with one or more contiguous lots all pursuant to MN Statute
462.357, Subd. 1e.
(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 75 feet
Side yard 10 feet
Gray Water System from OHWM 75 feet
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p2
Setback averaging for the structure setback from the OHWM may be permitted
as follows:
If there are existing principal structures on two abutting lots, any new
residential structure or any additions to an existing structure may be
set back from the OHWM either (i) the average setback of the
abutting structures from the OHWM; or (ii) 50 feet, whichever is
greater, provided all other provisions of the Shoreland Overlay
District are complied with.
If there is an existing principal structure on only one abutting lot, the
average setback of the abutting structure and the next principal
structure within 150 feet may be utilized.
Setback averaging may not be utilized if at least one of the two
abutting lots does not have an existing principal structure.
In no instance shall a principal structure be located in a shore impact zone or a
bluff impact zone.
(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 ens ure
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).
(10) One detached accessory structure is permitted per lot on general development
lakes subject to the issuance of a building permit and the following conditions:
The lot must meet the minimum area and dimensional requirements listed
in Subsection 1104.309; and
The structures shall comply with all other required conditions and yard
setbacks as stated in Subsection 1102.800 (8); and
The total ground floor area of the accessory structures shall not exceed
the ground floor area of the principal structure (seasonal cabin), 25% of
the area between the principal structure and the rear lot line, or 600 square
feet, whichever is less; and
The maximum height of the structure shall not exceed 15 feet from the
grade adjacent to the structure; and
The structure shall be setback a minimum of 100 feet from the ordinary
high water mark (OHWM); and
The structure shall not be designed or used for human habitation and shall
not contain water supply or sewage treatment facilities. However, the
structure may contain an electrical system, with the proper permits; and
Zoning Ordinance
City of Prior Lake
June 1, 2009 1104/p3
The structure shall be compatible in design and materials with the
principal structure (seasonal cabin); and
If the structure is located below the regulatory flood plain elevation it shall
be built in compliance with the applicable flood proofing requirements of
the building code and Section 1105 of this Ordinance; and
The structure shall be attached to a permanent foundation so as to be
immovable from its approved location.
TWIN ISLAND CIR NW
Upper Prior Lake
LOT 27SS 45LOT 26SS 6
LOT 24 & 25SS 1LOT 23SS 30LOT 22SS 29
LOT 19SS 52
LOT 20 & 21SS 51
LOT 18SS 48
LOT 60SS 38
LOT 59SS 33
LOT 58SS 32
LOT 56 & 57 SS 5
LOT 54 & 55SS 4
LOT 52 & 53 SS 24
LOT 51SS 22
LOT N 1/2 of 49& All of 50SS 39
LOT S 1/2 of 49 & All of 48SS 3
LOT 47SS 50
LOT 46SS 49
LOT 41 & 42SS 34
LOT 40SS 2, 14, 15, 18, 21, 41, 44, 53
LOT 39SS 37
LOT 38SS 36
LOT 37SS 35
LOT 16SS 10
LOT 15SS 4
LOT 11, 12, 13 & 14SS 20
LOT 10SS 19
LOT 9SS 40
LOT 7 & 8SS 16
LOT 6SS 42 LOT 5 (5 & 30)SS 7 & 8
LOT 4SS 13
LOT 2 & 3SS 26
LOT 1SS 25
LOT 28SS 46
LOT 61, 62 & 64SS 54
LOT 63SS 55
LOT 43, 44 & 45SS 23 LOT 33SS 11
LOT 32SS 17
LOT 31SS 43
LOT 34SS 36
LOT 35SS 12
LOT 29SS 27
LOT 36SS 28
LOT 63SS 55
LOT 17SS 47
LOT 30 & 5SS 7 & 8
Email received from John Meyer on Wednesday, November 30, 2016