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HomeMy WebLinkAbout8D - Shoreland Distric Miniman Lot Area AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 80 JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF ORDINANCE #97-XX AMENDING THE ZONING ORDINANCE AND CITY CODE RELATING TO THE DEFINITION OF MINIMUM LOT AREA IN THE SHORELAND DISTRICT MARCH 17, 1997 The purpose of this item is to consider approval of an amendment to the Zoning Ordinance and City Code which will clarify the definition of the minimum lot area in the Shoreland District. In the Shoreland District, only the lot area above the Ordinary High Water Mark may be used to meet the minimum lot area requirement. This provisions is currently found in the Shoreland District requirements under a section tilted Additional Special Provisions. In order to clarify this provisions, and to make it easier to find in the ordinance, the staff is proposing to amend the definition of minimum lot area as follows (proposed new language is in bold italics): LOT. MINIMUM AREA OF: The measurements of a lot computed exclusive of any portions of the right-of-way of any public thoroughfare. In the Shoreland District, only land above the Ordinary High Water Mark of a public water may be used to meet minimum lot area standards. The Planning Commission held a public hearing on this amendment on February 24, 1997. The Commission recommended approval of this amendment. The attached minutes of the Planning Commission meeting summarize the discussion of this matter. The Planning Commissioners concurred with the proposed amendments. The proposed amendment does not change the current standards of the Shoreland District. It merely clarifies the intent of the minimum lot area and places this standard in a more logical location. 1. Adopt the amendment to the Zoning Ordinance as recommended by the Planning Commission and staff. 2. Further discuss this issue and direct the staff to provide additional information to the City Council. 3. Deny the proposed amendment. RECOMMENDATION: Adopt Alternative #1. 1:\97files\97ordamd\zoning\97-Q11 \97011 cc.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 ACTION REQUIRED: A motion and second to adopt the proposed ordinance. This action requires a 4/5 vote of the Council. REPORT ATTACHMENTS: 1. 2. 97, Planning Commission Meeting k 015, City Manager 1:\97files\97ordamd\zoning\97-Q11\97011cc.doc PAGE 2 CITY OF PRIOR LAKE ORDINANCE NO. 97- XX AN ORDINANCE AMENDING SECTION 5-1-7 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Section 5-1-7 of the Prior Lake City Code and Section 8.1 of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: LOT. MINIMUM AREA OF: The measurements of a lot computed exclusive of any portions of the right-of-way of any public thoroughfare. In the Shore/and District, only land above the Ordinary High Water Mark of a public water may be used to meet minimum lot area standards. 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 March, 1997. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 1997. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\97fi1es\97 ordamd\zoning\97 -011 \ord97xx.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 PLANNING COMMISSION MINUTES FEBRUARY 24, 1997 1. Call to Order: I The February 1997, Planning Commission meeting was called to order by Chairman Criego at 6:34 p. Those present were Commissioners Criego, Stamson, Vonhof, Wuellner and Kuyk dall, Director of Planning Don Rye, Planning Coordinator Jane Kansier, Planner Jenni ovar and Recording Secre onnie Carlson. 2. Roll Call: V onhof Wuellner Stamson Kuykendall Criego Present Present Present Present Present 3. DALL, TO APPROVE THE FEBRUARY Vote taken gnified ayes by Kuykendall, Criego, Wue er, Stamson and V onhof. MINUTE APPROVED. 4. Public Hearings: k A. CASE #97-011 AMENDMENT TO SECTION 5-1-7 OF THE CITY CODE AND TO SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO THE DEFINITION OF MINIMUM LOT AREA IN THE SHORELAND DISTRICT The public hearing was opened at 6:35 p.m. Planning Coordinator Jane Kansier presented the staff report. The amendment to the Zoning Ordinance will clarify the definition of minimum lot area in the Shoreland District and simplify the administration of the current ordinance. In the Shoreland District, only land above the Ordinary High Water Mark may be used to meet the minimum lot area standards. This provision is currently found in Section 5-8-3 C of the City Code and Section 9.3 C of the Zoning Ordinance. In order to clarify this provision, the staff is proposing the definition of "Minimum Lot Area" be amended. The proposed amendment does not change the current standards of the Shore land District. It clarifies the intent of the minimum lot area provisions, and places this standard in a more logical location. There were no comments from the public. Comments from the Commissioners: V onhof: . Ordinary-High-Water is 904 on Prior Lake. . The amendment is for all riparian lots in the shore land area. . What happens to the land between the O-H- W and the lot area? Kansier explained it is just for figuring lot area. Kuykendall: . The word "land" should be defined. Kansier said the standard dictionary definition would apply. . Questioned property owners who have land down into the lake. Rye explained a meandered lake. . Support the intent. Wuellner: . Questioned property lines, abstract or torrens. Rye responded. Stamson: . All concerns have been addressed. Criego: . Agreed with staff s recommendation. MOTION BY VONHOF, SECOND BY KUYKENDALL, TO RECOMMEND THE COUNCIL APPROVE THE AMENDMENT TO SECTION 5-1-7 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. Vote taken signified ayes by all. MOTION CARRIED. The public hearing closed at 6:45 p.m. CTION REQUEST A VARIANCE INARY HIGH WATER LEVEL OF Planner Jenni Tovar pres ted the staff report. Planning Department received a m John Mahoney, on behalf 0 'd."Fong, who is proposing to replace a deck wi four season porch and construct a ne ck. No previous variances have been grant . The lot is located in the Island View 1st Ad . . n on Prior Lake.