07-28-1983 Council Agenda - Laserfiche WebLink

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The statement in the Municipal Regs„ clearly requires that exceptions to the "Zoning Provisions" of NR 83(c) only be considered by the DNR where the municipality demonstrates the following justification: That special circumstances exist; that the proposed ordinance is based upon individual protected water capabilities, and; that the purposes of Minnesota Statutes, Section 105.485 are satisfied. This information and justification normally includes a detailed analysis of the following: 1) land use plans for shorelands of each individual protected water, 2) existing and proposed stormwater management practices which will affect a protected water, 3) existing problems or situations contributing to the water quality of a protected water (erosion, feedlot runoff, industrial runoff, etc.), 4) public /private permanent open space use of shoreland for each protected water, 5) water surface use or public access regulation of pro- tected waters, 6) existing ordinances restricting development in areas of excessive slope, restrictive soils, etc. The city, in all cases, must provide the effort in compiling, organizing, and preparing the city's statement of justification. This need not always be provided in lengthy written documents; D: :R staff have worked with city staff in meetings to evaluate such justifications for exceptions. A brief written documentation is necessary in all cases -- especially to summarize and conclude relevant data. Summary: In the seven county metropolitan area, the diversity of the communities and their shoreland areas necessitates individual examination to determine appropriate shoreland regulations. This individualized exam- ination requires a great deal of cooperation and initiative by both DNR and cities.. Any questions regarding the discussion presented herein should be directed to either John Stine or David Leuthe (296- 7523). cc: Ron Harnack, LUMS ch