HomeMy WebLinkAbout6 - Accessory Structure Ordinance 91-07
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION
HERITAGE
1891
COMMUNITY
1991
15J.5f}jV
2C(91
6
SAM LUCAST, ASSOCIATE PLANNER
FIRST DRAFT OF ACCESSORY STRUCTURES
ORDINANCE 91-07
AUGUST 19, 1991
On August 1,
Prior Lake
edited, and
amendment to
lots.
1991 at a Public Hearin9 the
Planning commission rev1ewed,
passed with conditions, an
allow storage sheds on lake shore
The properties affected are those which have
steep slopes as defined in the attached text.
Onl~ a small number of properties will
ult1mately be eligible for the structures.
The General Development Lakes, Prior and
Spring, are intensively used and developed.
Numerous conforming and non-conforming uses
line the shores.
Lake shore lots with extreme slopes may hamper
property owners use of the lake. This
Ordinance allows the construction of accessory
structures which meet the criteria set forth
in this amendment. Please see attached
Ordinance 91-07 as passed by the Planning
Commission.
Mr. Pat Lynch of the Minnesota Department of
Natural Resources (DNR) is supportive of the
Ordinance. This Ordinance is more restrictive
than that of the DNR and is acceptable to the
DNR.
The DNR Shoreland Management Program Citation
6120.3300 Zoning provisions Subpart 3 H
Accessory Structures & Facilities (1) states
liThe structure or facility must not exceed ten
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
COMPREHENSIVE
PLAN IMPACT:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
rails, and cannot occupy an area greater
two hundred fiftr (250) square feet...
Planning Commiss~on ap~roved a twelve
foot height limit wh~ch exceeds the
maximum and is hereby changed to meet
standard of ten feet.
than
The
(12)
DNR
state
The Planning Commission suggested enlisting
the help of the Lake Advisory Committee or
similar body to obtain an inventorr of the
existing conditions on Prior and Spr~ng Lakes.
The Commission sU9gested the use of a video
camera as a start~ng ~oint record of uses.
The inventory will ass~st in regulating and
future enforcement of violations
There is no impact on the Comprehensive Plan.
The City Council has four alternatives to
consider:
1)
2)
3)
4)
Ado~t Ordinance 91-07 without changes.
Rev~ew Ordinance 91-07 and schedule for
a future consent agenda.
Table Ordinance 91-07 pending research.
Table Ordinance 91-07 for specific
purposes.
Based on the conditions of the Ordinance, the
approval of the DNR, and the existing
development conditions on the lake, the
Planning Commission recommends
approval of the Ordinance. Staff concurs with
the Planning Commission.
A motion is required to direct Staff to act on
the outcome of the attached Ordinance 91 - 07.
The motion will depend on the outcome of
Council discussion.
CITY OF PRIOR LAKE
ORDINANCE NO. 91-07
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
A new Definition of Water-Oriented Accessory structure, is hereby
added to Prior Lake City Code, section 5-8-1 (C) to read as
follows:
5-a-+(C):
WATER-ORIENTED ACCESSORY STRUCTURE: A building of
one hundred twenty (120) square feet or less used
to store boating accessories and equipment located
on lake shore lots that contain steep slopes equal
to or greater than twenty percent (20%) which
because of the relationship of its use to a surface
water feature reasonably needs to be located
closer to the lakeshore ordinary high water
(O-H-W) mark than the normal structural setback
requirement.
A new paragraph 5-5-3 (E) is hereby added to Prior Lake City Code
to read as follows:
5-5-3(E) :
One (1) Water-Oriented Accessory Structure may be
allowed per lot, on General Development (GO)
lakes that have municipal sewer and water, provided
a building permit is obtained from the City of
Prior Lake and the following criteria are met:
The lot contains a slope equal to or
than twenty percent (20%) measured
front of the principal structure
ordinary high water mark (O-H-W); and
2 The structure must be one (1) story in height
and cannot occupy an area greater than one
hundred twenty (120) square feet and the
maximum height of the structure must not
exceed ten feet (10') including the roof; and
greater
from the
to the
1.
3. The structure shall be located in the most
visually inconspicuous portion of the lot, as
viewed from the surface of the lake, assuming
summer, leaf-on conditions. The minimum
setback requirement must be at least ten (10)
feet from the ordinary high water mark and
The setbacks shall be verified by a
certificate of survey prepared by a registered
surveyor; and
4. The structure must not be designed or used for
human habitation and must not contain water
supply or sewage treatment facilities.
However, the structure may contain electrical
and mechanical systems; and
5. The structure must be constructed of treated
wood and/or block that is compatible with the
principal structure and designed to reduce
visibility as viewed from public waters and
adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer,
leaf-on conditions; and
6. If the proposed structure will be located
below the regulatory flood plain elevation,
the structure must be built compliant with
applicable flood proofing requirements of the
Building Code and Prior Lake Flood Plain
Ordinance; and
7) Trees that are four (4) inches in caliper or
larger, should not be removed for the erection
of a water-oriented accessory structure. If
removal is necessary, replacement with like
trees must be made with the approval of the
Building Official. Erosion control measures
as required by the Building Official must be
implemented and all disturbed vegetation
replaced with sod or suitable landscaping
materials.
A new Definition of Water-Oriented Accessory structure, is hereby
added to Prior Lake City Zoning Ordinance section 8.1 to read as
follows:
8.1 WATER-ORIENTED ACCESSORY STRUCTURE: A building of one
hundred twenty (120) square feet or less used to store
boating accessories and equipment located on lake shore
lots that contain steep slopes equal to or greater than
twenty percent (20%) which because of the relationship
of its use to a surface water feature reasonably needs
to be located closer to the lakeshore ordinary high
water mark O-H-W than the normal structural setback
requirement.
A new paragraph 6.3 E. is hereby added to Prior Lake City Zoning
Ordinance to read as follows:
6.3 E.
One (1) Water-Oriented Accessory structure may be
allowed per lot on General Development (GO) lakes
that have munici~al sewer and water, provided a
building permit 1S obtained from the City of Prior
Lake and the following criteria are met:
The lot contains a slope equal to or
than twenty percent (20%) measured
front of the principal structure
ordinary high water mark (O-H-W); and
2 The structure must be one (1) story in height
and cannot occupy an area greater than one
hundred twenty (120) square feet and the
maximum height of the structure must not
exceed ten feet (10') including the roof; and
1.
greater
from the
to the
3. The structure shall be located in the most
visually inconspicuous portion of the lot, as
viewed from the surface of the lake, assuming
summer, leaf-on conditions. The minimum
setback requirement must be at least ten (10)
feet from the ordinary high water mark and
meet the other applicable side yard setbacks.
The setbacks shall be verified by a
certificate of survey prepared by a registered
surveyor; and
4. The structure must not be designed or used for
human habitation and must not contain water
supply or sewage treatment facilities.
However, the structure may contain electrical
and mechanical systems; and
5. The structure must be constructed of treated
wood and/or block that is compatible with the
principal structure and designed to reduce
visibility as viewed from public waters and
adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer,
leaf-on conditions; and
6. If the proposed structure will be located
below the regulatory flood plain elevation,
the structure must be built compliant with
applicable flood proofing requirements of the
Building Code and Prior Lake Flood Plain
Ordinance; and
7. Trees that are four (4) inches in caliper or
larger, should not be removed for the erection
of a water-oriented accessory structure.
If removal is necessary, replacement of like
trees must be made w1th the approval of the
Buildin~ Official. Erosion control measures
as requ1red by the Building Official must be
implemented and all disturbed vegetation
replaced with sod or suitable landscaping
materials.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council
day of
of the City of Prior Lake this
, 1991.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1991.
day of
Drafted By:
Sam Lucast
Associate Planner
City of Prior Lake
4629 Dakota Street
Prior Lake, MN 55372