11-26-1996 Council Agenda - Laserfiche WebLink

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Lot area. The current lot area requirements have provisions for sewered and non - sewered riparian or non - riparian lots. As all of Little Canada is served by regional sewer service, this distinguishment is no longer necessary. In addition, the DNR Model Ordinance has lot area requirements dependent on the density of the use. The Little Canada ordinance has been expanded to include the lot area distinctions based on the number of units per lot. Lot width. The Little Canada Shoreland Ordinance requirements for lot width at the ordinary high water mark (OHWM), Section 917.030.A, do not reflect DNR requirements. The City's Shoreland Ordinance has been revised (Exhibit B) to include the lot width requirements, as measured at the OHWM, outlined in the DNR's Model Ordinance, The City of Little Canada is requesting flexibility from the DNR regarding the application of the Shoreland Ordinance to areas potentially impacted by the adoption of provisions that address tributary river segments. These flexibility requests are detailed below: • Designation of Tributary River Segments. As state previously, the DNR Protected Waters Map identifies a St. Paul Water Works right -of -way that flows to Gervais Lake. However, this watercourse is no longer believed to flow into the Lake. As such, the City is requesting that the St. Paul Water Works right -of -way be exempted from the proposed Shoreland Ordinance provisions for tributary river segments. Given the extensive development that has occurred adjacent to the waterway, application of these regulations would be problematic and result in a significant number of non - conforming properties and uses. Lot Coverage Requirements. The City's current Shoreland Ordinance allows a maximum impervious surface coverage of 30 percent within the Shoreland Overlay District. With the adoption of tributary river segment provisions, a number of commercial and industrial properties with lot coverages in excess of 30 percent will be within the Shoreland Overlay District. This would create a number of non - conformities. Designation as non - conformities would likely negatively impact those properties' ability to grow and expand their business as well as limiting the City's ability to address potential impacts to the waterway. Flexibility on this requirement would allow those developed properties that become classified as non - conformities to alter that status by applying for a CUP. The fact that the use may be allowed by a CUP offers the property owner incentive to work with the City to address possible issues, rather than having the property remain classified as a non - conforming use until such time as the use ceases. On this basis, the City is requesting flexibility to allow lot coverages up to 75 percent by conditional use permit (CUP). The conditions of approval would require the approval of a Shoreland Impact Plan /CUP, as provided by Section 917.090.A Page 29