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HomeMy WebLinkAbout116-29 Island Dev 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-29 AN ORDINANCE AMENDING SUBSECTION 1104.309 (ISLAND DEVELOPMENT) OF THE CITY OF PRIOR LAKE ZONING CODE AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Section 1104, Subsection 1104.309 (4) is amended as follows: 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. 2. City Code Section 1104, Subsection 1104.309 (6) is amended as follows: 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 the two abutting lots do not have existing principal structures (seasonal cabins).  In no instance, shall a principal structure be located in a shore impact zone or a bluff impact zone. . 3. City Code Section 1107.2015 (3) is hereby deleted in its entirety and replaced with the following: 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 2  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 75 feet from the ordinary high water mark (OHWM) or the average minimum as indicated in 1104.309 (6); 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  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. 4. Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 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 12th day of December, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor This Ordinance to be Published in the Prior Lake American on the 17th day of December, 2016. i CITY OF PRIOR LADE ORDINANCE NO.116-29 AN ORDINANCE AMENDING SUBSECTION 1104.309 (ISLAND DEVELOPMENT) OF THE CITY OF PRIOR LAKE ZONING CODE AND ADOPTING BY REFERENCE CITY CODE SECTION 104, ICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The City Council of the.City Affidavit of Publication of Prior Labe,Minnesota ordains: 1. City Code Section 1104, asfSubsection llll follows:tion1104.309(4)isamended Southwest Newspapers as fo The minimum lot size for all islands without municipal sewer and water is one acre.On Twin Island, the minimumlot size state of Minnesota) requirement is 12,000 square feet. A nonconforming;lot of record' )SS. maybe deemed buildable or may County of Scott be required to be combined with y ) one or more contiguous lots,all pursuant to MN Statute 462.357, Subd.le. 2. City Code Section 1104, Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized Subsection 1104.309(6)is amended agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- as follows: dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as Setbacks for structures on follows: islands shall comply with the following: Structure setback from (A)These newspapers have complied with the requirements constituting qualification as a legal OHWM 100-feet 75 feet. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as Side yard 10 feet amended. Gray Water System from OHWM 75 feet (B)The printed public notice that is attached to this Affidavit and identified as No. '76'6^0 Setback averaging for the was published on the date or dates and in the newspaper stated in the attached Notice and said structure setback,from the OHWM may be permitted as Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of follows: the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both If there are existingprincj� inclusive,and is hereby acknowledged as being the kind and size of type used in the composition structures on two abutting lots and publication of the Notice: any new residential'structure or any.additions to an existing abcdefghijklmnopgrstuvwxyz structure may be set back from the OHWM either(i)the average �. setback of the abutting structures (By: from the OHWM:_or(ii)50 feet whichever is greater,provided all — Laurie A.Hartmann other provisions of the'Shoreland Overlay District are complied with. If there is an existina Subscribed and sworn before me on principal structure on only one abutting lot,the average setback of the abutting structure and the next principal structure within �� 1 150 feet may be utilized. this day of <-« >t C�c%� ,2016 Setback averaging may not be utilized if the two abutting lots do not have existing_principal structures(seasonal cabins). ' � In no instance shall-a ` " P Principal structure be located in a shore impact zone or a bluff N to Public :lA ��t ' Wco1r 13 impact zone. ' � _� .,,��. .,������lOrl 3 City Code Section 1107.2015(3)is hereby deleted in its entirety and replaced with the following: One detached accessory structure is permitted per lot RATE INFORMATION on general development lakes subject to the issuance of a Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch building permit and the following Maximum rate allowed by law for the above matter.................................$31.20 per column inch conditions: Rate actually charged for the above matter.............................................. $12.59 per column inch 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 structure shall not be designed or used for human I habitation and shall not contain water supply or sewage treatment facilities.However,'the structure may contain an electrical system, j with the proper permits;and I 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. 4. Section 104 entitled "General Penalty" is adopted in its entirety by reference, as` though repeated verbatim. 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 12th day of December,2016. `- ATTEST: .F`rank Boyles,City Manager Kenneth L.Hedberg,Mayor (Published in the Prior I Lake American on Sat December 17 2016;No.7860) y' i