01-27-14 Council Packet - Laserfiche WebLink

Home Search

3 Public Land Dedication The City will require payment in lieu of land dedication for purposes of public land dedication. Since park dedication fees were paid for the existing lot at the time Marshan Meadows was platted, fees wil l only be required for the newly created lot (Lot 2). 1 lot x $2,500 payment in lieu = TOTAL $2,500 Landscaping One (1) boulevard tree shall be required on Lot 2, Block 1. Shoreland Management Overlay District Land located within 1,000 feet from the ordinary high water level of a public water is subject to the Shoreland Management Overlay District. The proposed subdivision abuts Marshan Lake which is classified as a Natural Environment Lake. The Shoreland Overlay District regulates lot area, lot wi dth and impervious surface. The proposed subdivision meets those criteria. The Shoreland Overlay also regulates structure setbacks. A 150 foot setback from the ordinary high water level (OHWL) is required for all principal and accessory structures. This includes decks, patios and sheds. This setback extends into Lot 2 which limits the buildable area of that lot. It is also important to note the permitted front setback in the R -2, Two Family Residential District is 25 feet. The zoning ordinance was am ended in 2012 (Ord. 03 -12) which decreased the front setback from 30 feet to 25 feet. Variance The Shoreland Overlay District references a front setback of 30 feet which was consistent with the underlying zoning district; however, when the R -2 zoning o rdinance was amended in 2012 to 25 feet, the Shoreland Overlay District was not amended to reflect the change in the front setback. A variance is required from the Shoreland Overlay District to correct the oversight . Criteria and Findings of Fact . No var iance shall be granted unless it meets all the criteria of Section 2, Subd. 4.A.1.(a -g). The City shall make findings regarding compliance with these criteria. a. The variance shall be in harmony with the general purposes and intent of the ordinance. The intent of the Shoreland Overlay District in regards to structural setbacks from public street right of way is to be consistent with the underlying zoning ordinance. The variance would allow a 25 foot setback from the public street right of way which is c onsistent with the R -2, Two Family zoning district.