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HomeMy WebLinkAbout116-13 Bluff Ordinance Amend 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-13 AN ORDINANCE AMENDING CITY CODE SECTION 1104 SHORELAND DISTRICT REGULATONS RELATING TO BLUFF AND STEEP SLOPE AREAS The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Section 1104, Subsection 1104.303 is amended as follows: Bluff Impact Zones: Structures and accessory facilities, excluding stairways, lifts, and landings, shall not be placed in bluff impact zones except for the following: An expansion of a legally nonconforming principal structure that does not meet the bluff setback is permitted provided that:  The expansion is lateral to the existing intrusion into the setback and does not project any further into the setback than an extension of a line drawn along the edge of the existing intrusion;  The expanded structure is in harmony with the general purpose and intent of the ordinance, consistent with the comprehensive plan and will not alter the essential character of the locality; and  The structural footprint of the expansion into the bluff setback shall not exceed 500 square feet. 2. City Code Section 1104, Subsection 1104.304 (3) is amended as follows: The Building Official, the Community Development & Natural Resources Director and the City Engineer may waive the engineer's report requirement for replacement decks, new decks or additions to existing decks, replacement retaining walls, stairways, lifts and landings, water- oriented accessory structures, and additions or new structures not exceeding 480 square feet in size under the following conditions: a. An inspection of the site does not indicate any obvious erosion conditions. b. There is no history of bluff failure on the site or on the adjacent lots. c. All required setbacks are met. 3. City Code Section 1104, Subsection 1104.308 (5d) is amended by amended as follows: Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion, and maintains or improves drainage patterns and slope stability; 4. City Code Section 1104, Subsection 1104.402 (1) and (2) are amended as follows: (1) The exact replacement of an existing retaining wall within a bluff impact zone is permitted, provided the grade of the land within the bluff impact zone and the location and size of the retaining wall do not change and the new retaining wall will create no more impact in the bluff impact zone than was caused by the existing retaining wall. 2 (2) Grading and filling and excavation, including the import or export of materials within the bluff impact zone is not permitted. However, the movement or grading of existing materials within the bluff impact zone may be permitted subject to approval of a grading/building permit. This movement of existing grade may involve the modification of existing retaining walls or placement of retaining walls as long as the following conditions are met: a. Any new retaining walls cannot exceed 4 feet in height. b. Any additional height to existing walls cannot increase the height of the wall above 4 feet. c. Walls which exist over 4 feet in height may decrease in height but may not increase in overall height. d. Proposed drainage patterns and/or erosion control methods shall indicate an improvement over the existing conditions on the site. e. Grading, filling, and excavations in all areas within the Shoreland District necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this subsection must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. 5. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 23rd day of May, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor A Summary of this Ordinance was Published in the Prior Lake American on the 4th day of June, 2016. Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as follows: SUMMARY ORDINANCE (A)These newspapers have complied with the requirements constituting qualification as a legal NO.116-13 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE AMENDING amended. CITY CODE SECTION 1104 SHOREAND REGULATIONS .' RELATING TO'BLUFF AND (B)The printed public notice that is attached to this Affidavit and identified as No. STEEP SLOPE AREAS was published on the date or dates and in the newspaper stated in the attached Notice and said The following is only a Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of summary of Ordinance No.116 the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both 13 The full text will available for inclusive,and is hereby acknowledged as being the kind and size of type used in the composition public inspection after May 23, and publication of the Notice: 2016 by any person during regular office hours at City Hall or in the abcdefghijklmnopgrstu yz Document Center on the City of r Prior Lake Website. SUMMARY. The Ordinance identifies additional regulations' ' in Section 1104 Shland' By. Regulations related to bluff Laurie A.Hartmann and steep slope areas including stairways,retainingwalls, and grading and filling. Subscribed and sworn before me on This ordinance shall become effective from and after its passage and publication. Passed by the City Council of this da of J ,�, ,2016 the City of Prior Lake this 23rd day of May,2016. ATTEST: n �, _ Frank Boyles,City Manager Ab u �f "� 1 f' ,J ( (( ( Kenneth L.Hedberg,Mayor; _`.� � .kt ``t ��l ` (Published in the Prior Lake �� I C I J�' XNESOTA American on Saturday, June 4, 4 *�� L' a qty CT.�i�iJ,J o(Y k REQ 01/31 8 2016;No.7711) to' u lic r I RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch Maximum rate allowed by law for the above matter............... $31.20 per column inch Rate actually charged for the above matter.............................................. $12.59 per column inch