HomeMy WebLinkAbout#13 Shoreland Ordinance AmendmentSTAFF REPORT
DATE: 3/7/2017
REGULAR
ITEM #: 13
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: City’s Shoreland Management Overlay District Ordinance Amendment
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
At its 2/21/2017 meeting, the Council discussed proposed Shoreland Management Overlay District
Ordinance amendments. These amendments were proposed in order to bring the City’s Shoreland
Management Overlay District Ordinance in to compliance with standards set forth by Minnesota
Administrative Rules, Chapter 6120: Shoreland and Floodplain Management. Minnesota Rules Part
6120.2800 requires Minnesota cities designated by the commissioner in consultation with the appropriate
county adopt land use controls that are in compliance with this Chapter.
The Council had some reservations regarding some of the proposed amendments and tabled the
discussion to tonight’s meeting.
ISSUE BEFORE COUNCIL:
The Council is respectfully requested to consider the Minnesota Department of Natural Resources
(MNDNR)-approved amendments to Section 154.800: Shoreland Management Overlay District of the
Zoning Code.
PROPOSAL DETAILS/ANALYSIS:
Staff consulted the MNDNR regarding the concerns the Council voiced during the 2/21/2017
meeting. MNDNR responses are attached. The following summarizes these responses:
•Concern: Other cities do not have shoreland ordinances, so why does Lake Elmo need to
comply when other cities do not.
o Response: Lake Elmo has many more public water resources that have shoreland
classifications than Oakdale and is a high priority for having a shoreland
ordinance.
•Concern: Berschen’s Pond was added to the shoreland ordinance. If the pond is 10 acres
or more, it becomes a NE lake. Has the pond been surveyed to meet this requirement?
How does the MNDNR add waters to its shoreland list?
o Response: Berschen’s Pond has had a Natural Environment (NE) classification
since the 1970’s when the DNR first established the shoreland classification list
but was taken out during the shoreland ordinance 2014 amendment that was not
City Council Meeting 3/7/2017 Regular Agenda Item
2
approved by the MNDNR. It is a landlocked depression with no natural outlet and
is a shallow lake/wetland that is prone to water level fluctuations, as is indicated
by the fact that the pond and surrounding area is within the 100-year floodplain.
The City can make a formal request to have this removed, provided there is
documentation to justify this change.
• Concern: Reservations about the need for variances when existing non-conforming lots
want to build decks or other structures that do not encroach further toward the lake. The
concern is that there will be too many variances, the variance process is often too
subjective.
o Response: The MNDNR Model Ordinance allows for deck additions meeting
certain provisions as well as setback averaging. Language from the model
ordinance has been added to the proposed ordinance amendment. A separate,
redlined attachment shows this added language.
• Concern: Why is the setback the same, 150’, in the rural and urban districts for Natural
Environmental Lakes, when for other lakes the setbacks differ.
o Response: Natural Environment lakes are especially sensitive water bodies that
are typically shallower and more wetland in character, and therefore are far more
sensitive to phosphorus pollution due to surface water runoff and water quality
degradation. A greater setback allows more space for riparian buffers that can
reduce phosphorus pollution reaching the lake. The MNDNR will not provide
flexibility for this standard.
• Concern: Also, how does the DNR determine the difference between Recreational
Development Lakes and Natural Environmental Lakes. Can the lake classifications
change?
o Response: See attached email for how classifications are determined. The City
may request reclassification, provided a resolution and supporting, relevant data
request are sent to the MNDNR. Reductions in setback may also be requested
provided there is a valid necessity and mitigation is provided.
FISCAL IMPACT:
None.
OPTIONS:
The Council may:
• Approve the ordinance amendment as proposed.
• Make changes to and approve the ordinance amendment (this may result in the MNDNR retracting
their approval and possibly taking further action).
• Deny the ordinance amendment.
RECOMMENDATION:
Staff, the MNDNR, and the Planning Commission recommend that the Council approve the proposed
ordinance amendment to the City’s Shoreland Management Overlay District Ordinance.
City Council Meeting 3/7/2017 Regular Agenda Item
3
“Move to approve Ord. 08-166 amending Section 154.800: Shoreland Management
Overlay District of the Zoning Code.”
In addition, Staff recommends that the City Council authorize summary publication of the approved
ordinance through the following resolution:
“Move to adopt Resolution 2017-012 authorizing summary publication of Ordinance 08-166”
ATTACHMENTS:
• Email from Jen Sorenson from MNDNR providing responses to Council concerns communicated
at 2/21/2017 meeting.
• Redlined version showing changes to Nonconformities section.
• Proposed Ordinance 08-166 (no redlines).
• MNDNR contingent approval letter and redlined version of ordinance.
• Resolution 2017-012.
From:Kristina Handt
To:Stephen Wensman; Emily Becker
Subject:FW: DNR Response to Questions on Lake Elmo"s Revised Shoreland Ordinance
Date:Friday, February 24, 2017 4:22:52 PM
Attachments:0000-00-00LakeElmoSLClassList.pdf
Shoreland Model Ordinance_010917_with commentary.pdf
Let’s use the DNR’s language from the model ordinance about decks. No need to be as restrictive as
Scandia.
Kristina Handt
City Administrator, City of Lake Elmo
khandt@lakeelmo.org
651.747.3905
From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us]
Sent: Friday, February 24, 2017 3:17 PM
To: Stephen Wensman <SWensman@lakeelmo.org>
Cc: Emily Becker <EBecker@lakeelmo.org>; Kristina Handt <KHandt@lakeelmo.org>; Shillcox,
Jennifer (DNR) <jennifer.shillcox@state.mn.us>; Metzker, Kathleen (DNR)
<Kathleen.Metzker@state.mn.us>; Petrik, Daniel (DNR) <Daniel.Petrik@state.mn.us>; John Hanson
(jhanson@barr.com) <jhanson@barr.com>
Subject: DNR Response to Questions on Lake Elmo's Revised Shoreland Ordinance
Steve –
You have sent several emails this week with questions that came up during the City Council’s review
of Lake Elmo’s shoreland ordinance on 2/21/17. I’ve summarized those questions below, with
responses from DNR. Please let me know if you have additional questions prior to the next review by
City Council.
1. Oakdale does not have a shoreland ordinance. Is Oakdale going to approve the DNR’s
regulations? If not, why not?
DNR Response: All cities are required by statute (MS 103F.221) to have a shoreland ordinance.
Because of the large number of Minnesota cities with shoreland and limited DNR staff resources,
DNR prioritizes cities it works with based on the amount of their shoreland resources. Lake Elmo has
many more public water resources that have shoreland classifications than Oakdale. Therefore, Lake
Elmo is a high priority for having a shoreland ordinance. Prior to 2014, Lake Elmo had a shoreland
ordinance in place that was approved by DNR. The shoreland ordinance adopted by the City in 2014
was not approved by DNR and is not substantially compliant with the state shoreland rules. This is
why the City is currently updating its shoreland ordinance language.
2. Berschen’s Pond was added to the shoreland ordinance. If the pond is 10 acres or more it
becomes a NE lake. Has the pond been surveyed to meet this requirement? How does the
DNR add waters to its shoreland list?
DNR Response: Berschen’s Pond (PWI# 82010500) has had a Natural Environment (NE) shoreland
classification since the 1970’s when DNR first established the shoreland classification list for Lake
Elmo (see attached file). The City of Lake Elmo did not contest this list at the time it was established.
Berschen’s Pond has been included in Lake Elmo’s shoreland ordinance since at least 1993, except
that it was not included in the shoreland ordinance adopted by the City in 2014. The shoreland
ordinance adopted by the City in 2014 was not approved by DNR and is not substantially compliant
with the state shoreland rules. This is why the City is currently updating its shoreland ordinance
language.
The City of Lake Elmo could make a formal request to DNR to remove the NE shoreland classification
from Berschen’s Pond. With this request, the City would need to provide documentation to justify
the change.
The 10 acre minimum size used by DNR to assign shoreland classification was only a guideline, and
size alone was not the sole determining factor for DNR when determining what public waters were
assigned shoreland classifications. Berschen’s Pond is a landlocked depression with no natural outlet
(except at high water levels). It is a shallow lake/wetland that is prone to water level fluctuations, as
is indicated by the fact that the pond and surrounding area is within the 100-year floodplain (shown
in yellow on the map below). Building in the floodplain triggers both City and Valley Branch
Watershed District (VBWD) floodplain regulations, increasing development costs in these areas. As
listed in the VBWD plan, the normal water level for Berschen’s Pond is 915 feet and the 100-year
floodplain elevation is 925 feet. Under VBWD rules, the minimum floor elevation of structures in the
floodplain must be 2 feet higher than the 100-year floodplain elevation. VBWD also has wetland
buffer requirements, and for Berschen’s Pond, the buffer requirement is 75 feet (from VBWD
MnRAM assessment).
3. City Council had reservations about the need for variances when existing non-conforming
lots want to build decks or other structures that do not encroach further toward the lake.
The concern is that there will be too many variances and that the variance process is often
too subjective.
DNR Response: The state shoreland rules and DNR’s model shoreland ordinance (see attached
document, p. 23) have a provision that allows decks to encroach toward the water without a
variance on lots platted before the shoreland rules were put in place (nonconforming lots).
Additionally, the setback averaging provision allows structure setbacks to be determined based on
the average of setbacks on adjacent lots, without a variance. The language below (from Scandia’s
shoreland ordinance), except that highlighted in green, is directly from the state shoreland rules and
the DNR’s model shoreland ordinance. This language is acceptable for incorporation into the City’s
shoreland ordinance. The green highlighted language can be included if desired, as this would be
considered a slightly higher standard.
(2) Deck additions may be allowed without a variance to a structure not meeting the required
setback from the ordinary high water level if all of the following criteria and standards are met:
(A) The structure existed on the date the structure setbacks were established.
(B) A thorough evaluation of the property and structure reveals no reasonable location for a deck
meeting or exceeding the existing ordinary high water level setback of the structure.
(C) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the
existing setback of the structure from the ordinary high water level or does not encroach closer than
30 feet, whichever is more restrictive.
(D) No deck on a nonconforming structure shall exceed 10 feet in width.
(E) The deck is constructed primarily of wood, and is not roofed or screened.
(F) A certificate of compliance is obtained from the Zoning Administrator.
4. Why is the setback the same, 150’, in the rural and urban districts for NE lakes, when for
other lakes the setbacks differ?
DNR Response: State shoreland rules specify a structure setback of 150 feet for both sewered and
unsewered lots on Natural Environment (NE) lakes. NE lakes are especially sensitive water bodies –
they are typically shallow and more wetland in character than Recreational Development (RD) and
General Development (GD) lakes, which are larger and deeper. Shallow lakes are far more sensitive
to phosphorus pollution due to surface water runoff and water quality degradation. Having a greater
setback on a NE lake creates a larger shore impact zone (SIZ) (since the SIZ is ½ the structure
setback) which allows more space for riparian buffers that can reduce the amount of phosphorus
pollution reaching the lake.
When approving Lake Elmo’s shoreland ordinance, DNR will be reviewing the ordinance against the
state’s shoreland standards, and the expectation by DNR is that the setback for both sewered and
unsewered lots on NE lakes will be 150 feet. DNR will not approve flexibility to this standard for all
NE lakes regulated under Lake Elmo’s shoreland ordinance because structure setback standards are
one of the most important standards in the rules, especially for greenfield development.
5. How does DNR determine the difference between lakes with a Recreational Development
(RD) shoreland classification and lakes with a Natural Environment (NE) shoreland
classification? Can the shoreland classification for a lake change?
DNR Response: The different shoreland classifications reflect differences in various physical and
biological characteristics of the public waters, which in turn has an impact on the amount of use and
development that an individual lake or wetland can tolerate.
General Development (GD) lakes are the biggest and deepest and can tolerate the most
development and surface water use without being degraded. GD lakes usually have more than 225
acres of water per mile of shoreline and 25 dwellings per mile of shoreline at the time of
classification, and are more than 15 feet deep. At the time of shoreland classification they were
often already extensively used for recreation and heavily developed around the shore.
Recreational Development (RD) lakes usually medium-sized lakes of varying depth and shape, with
a variety of landform, soil, and groundwater situations on the lands around them. They typically have
between 60 and 225 acres of water per mile of shoreline, between 3 and 25 dwellings per mile of
shoreline at the time of classification, and are more than 15 feet deep. At the time of classification
they were usually characterized by having moderate levels of recreational use and development and
often had capacities for accommodating additional development and use.
Natural Environment (NE) lakes usually have less than 150 total acres, less than 60 acres per mile of
shoreline, and less than three dwellings per mile of shoreline at the time of classification. They are
typically small, may have some winter kill of fish, may have a shallow, swampy shoreline, and are less
than 15 feet deep. NE lakes are the smallest and most sensitive to degradation from use and
development, so they have the largest requirements for lot size, setbacks, etc. NE lakes may also
have unique features that are susceptible to harm like shallow depth and groundwater recharge
function, which also merit increased protection standards. Shallow lakes are far more sensitive to
phosphorus pollution due to surface water runoff and water quality degradation. They may have
adjacent lands with constraints for development such as high water tables, exposed bedrock, and
unsuitable soils. These lakes, particularly in rural areas, usually did not have much existing
development or recreational use at the time the classifications were assigned.
A local government can request reclassification of a public water basin. If the local government
thinks a basin should be reclassified, it should submit a resolution and supporting data requesting a
change to the DNR (see MN Rules 6120.3000 Subpart 4). Any reclassification request would be
evaluated on physical and biological evidence, not on present or future development plans. As an
alternative, if a local government is interested in reducing the setback of a particular lake, they could
request flexibility under the shoreland rules. There would need to be a good reason for making the
change (for example, the lake is already fully developed and thus the greater setback can't be met)
and the local government would need to offer some way to mitigate the consequences of reduced
protection.
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
13
2. Vegetation and topographic alterations other than routine maintenance;
3. Construction of additional buildings or storage of vehicles and other materials;
and
4. Uncontrolled beaching of watercraft.
iv. Development organization and functioning. All planned unit developments must use
an owners association with the following features:
1. Membership must be mandatory for each dwelling unit owner and any
successive owner;
2. Each member must pay a pro rata share of the association’s expenses, and
unpaid assessments can become liens on units or dwelling sites;
3. Assessments must be adjustable to accommodate changing conditions; and
4. The association must be responsible for insurance, taxes, and maintenance of
all commonly owned property and facilities.
12. Nonconformities.
a. All legally established nonconformities as of the date of this ordinance may continue,
but will be managed according to Minnesota Statutes, Section 462.357 Subd. 1e and
other regulations of this community for alterations and additions; repair after
damage; discontinuance of use; and intensification of use.
b. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of this ordinance.
Any deviation from these requirements must be authorized by a variance.
c. Setback averaging. Where structures exist on the adjoining lots on both sides of a
proposed building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the OHWL, provided the proposed structure is
not located in a shore impact zone or in a bluff impact zone;
d. Setbacks of decks. Deck additions may be allowed without a variance to a structure not
meeting the required setback from the ordinary high water level if all of the following
criteria and standards are met:
i. The structure existed on the date the structure setbacks were established.
ii. A thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure.
iii. The deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level
or does not encroach closer than 30 feet, whichever is more restrictive.
iv. The deck is constructed primarily of wood, and is not roofed or screened.
13. Surface Water-Oriented Uses. Uses with needs to have access to and use of public waters
may be located on parcels or lots with frontage on public waters must meet the following
standards:
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-166
AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN
COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE
REQUIREMENTS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article XIX; Section 154.800 to read the following:
ARTICLE 19. SHORELAND MANAGEMENT OVERLAY DISTRICT
§154.800 Shoreland Management Overlay District
§154.800 Shoreland Management Overlay District
A. Purpose. The ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500-6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The purpose of the
Shoreland Management Overlay District is to preserve and enhance the quality of surface
waters and conserve the economic and natural environmental values of shorelands through the
following activities:
1. Regulate placement of sanitary and waste treatment facilities on shorelands of public
waters to prevent pollution of public waters and public health hazards resulting from the
facilities.
2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution,
increased water runoff and excessive nutrient runoff pollution.
3. Preserve and enhance the unique aesthetic appearance and ecological value of the
shoreland.
4. Regulate the construction of buildings and changes of land use in shorelands to minimize
property damage during periods of high water.
B. Definitions. Words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in Subd. 01: Definitions; of Chapter 11: General Code Provisions, except
where the context clearly indicates a different meaning.
C. Shoreland Management Overlay District
1. Shoreland Classifications. The public waters in Table 17-1 have been classified by the
commissioner of natural resources, consistent with the classifications assigned by the
commissioner under Minnesota Rules, part 6120.3300, as: natural environment (NE),
recreational development (RD) and tributary (T) shorelands.
Table 17-1: Shoreland Classifications
DNR ID # Name Location
Ordinary
High Water
Level Class
82011601
Armstrong (north of
CSAH 10) Sec 28, T29, R21 1020.3 NE
82011602
Armstrong (south of
CSAH 10) Sec 28, T29, R21 1019.3 NE
2
82009900 Clear Sec 2 & 11, T29, R21 - NE
82010100 DeMontreville Sec 4, 5 & 9,T29, R21 929.3 RD
82010500 Berschen’s Pond NE
82011000 Downs Sec 24, T29, R21 889.1 NE
82010900 Eagle Point Sec 22 & 27, T29, R21 896.5 NE
82010600 Elmo
Sec 13, 14, 23, 24 & 26,
T29, R21 885.6 RD
82010800 Friedrich Pond Sec 15 & 22, T29, R21 - NE
82011300 Goose
Sec 27, 34 & 35, T29,
R21 924.4 NE
82011100 H.J. Brown Pond Sec 26, T29, R21 - NE
82007400 Horseshoe Sec 25, T29, R21 876.8 NE
82010400 Jane Sec 9 & 10, T29, R21 924.0 RD
82011700 Kramer Sec 35, T29, R21 - NE
82010300 Olson Sec 8 & 9, T29, R21 929.3 RD
N/A
Raleigh Creek North
(to Eagle Point Lake)
Sec 16, 21 & 22, T29,
R21 - T
N/A
Raleigh Creek South
(Eagle Point Lake to
Lake Elmo)
Sec 22, 23 & 227, T29,
R21 - T
82011200 Rose Sec 25 & 36, T29, R21 - NE
82010700 Sunfish Sec 14, T29, R21 896.4 NE
82010000 Unnamed Sec 4, T29, R21 - NE
82031300 Unnamed Sec 12, T29, R21 - NE
N/A
Unnamed to Wilmes
Lake Sec 33, T29, R21 - T
N/A Unnamed Tributary Sec 25, T29, R21 - T
Classifications
RD = Recreational Development Lake Classification
NE = Natural Environment Lake Classification
T = Tributary River Classification
Notes to Table 17-1:
a. As measured from and perpendicular to the ordinary high water level (OHWL)
2. Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning
district subject to applicable conditions. Notwithstanding the underlying zoning district,
the following uses shall be regulated in shoreland districts as specified in Table 17-2:
Table 17-2: Permitted (P) and Conditional (C) Uses, Shoreland Classifications
Shoreland Classification
Land Uses
Recreational
Development
Natural
Environment
Tributary
River
Residential P P P
3
Commercial P C C
Public and Civic Uses P C C
Outdoor Recreationa C C C
Agricultural and Related Usesb, c P P P
Industrial and Extractive Uses - - -
Utilities, Transportation and Communications C C C
Accessory Uses P P P
Planned Developments (PUDs) C C C
Forest Land Conversion C C C
Notes to Table 17-2:
a. City owned parks and open space and any uses or structures accessory to such uses are
permitted within shoreland areas.
b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted.
c. New feedlots are not allowed in any Shoreland Management Overlay District.
3. Shoreland Standards. The standards in Table 17-3 shall apply within shoreland areas to
principal, conditional and accessory uses and structures:
Table 17-3: Shoreland Standards
Shoreland Classification
Standards
Recreational
Development
Natural
Environment
Tributary
River
Minimum structure setback from County, State
or Federal road right-of-way 50 feet 50 feet 50 feet
Minimum setback from right-of-way line of town
road, public street, or other roads or streets not
classified 20 feet 20 feet 20 feet
Minimum structure setback from an unplatted
cemetery or historical sitea 50 feet 50 feet 50 feet
Minimum structure setback from the Ordinary High Water Level (OHWL)b, c, e
Seweredd 75 feet 150 feet 50 feet
Unseweredd 100 feet 150 feet 100 feet
Minimum structure setback from top of bluff 30 feet 30 feet 30 feet
Minimum septic system setback from OHWL 75 feet 150 feet 75 feet
Minimum low floor elevation above the 100-year
flood elevation 2 feet 2 feet 2 feet
Maximum impervious lot coverage
Sewerede 30%
Unsewered 15%
Minimum lot sizef, riparian lots
Sewered
Single family detached 20,000 sf 40,000 sf Same as zoning
district Two-family or duplex 35,000 sf 70,000 sf
4
Triplex 120,000 sf 160,000 sf Same as zoning
district Quad 160,000 sf 200,000 sf
Unsewered
Single family detached 40,000 sf 80,000 sf Same as zoning
district Two-family or duplex 80,000 sf 70,000 sf
Minimum lot sizef, non-riparian lots
Sewered
Single family detached 15,000 sf 20,000 sf
Same as zoning
district
Two-family or duplex 26,000 sf 35,000 sf
Triplex 38,000 sf 52,000 sf
Quad 49,000 sf 65,000 sf
Unsewered
Single family detached 40,000 sf 80,000 sf Same as zoning
district Two-family or duplex 80,000 sf 160,000 sf
Minimum lot width,f, g riparian lots
Sewered
Single family detached 75 feet 125 feet 75 feet
Two-family or duplexe 135 feet 225 feet 115 feet
Triplexe 195 feet 325 feet 150 feet
Quade 255 feet 425 feet 190 feet
Unsewered
Single family detached 150 feet 200 feet 100 feet
Two-family or duplexe 225 feet 300 feet 150 feet
Minimum lot width, nonriparian Lots
Sewered
Single family detached 75 feet 125 feet 75 feet
Two-family or duplexe 135 feet 220 feet 115 feet
Triplexe 190 feet 315 feet 150 feet
Quade 245 feet 410 feet 190 feet
Unsewered
Single family detached 150 feet 200 feet 100 feet
Two-family or duplexe 265 feet 400 feet 150 feet
Maximum Structure Height 35 feet 35 feet 35 feet
Notes to Table 17-3:
a. Reduction of the required setback from a historic site is permitted with the approval of the
office of the Minnesota State Archeologist.
b. Where structures exist on both sides of a proposed building site, structure setbacks may be
altered without a variance to conform to the adjoining setbacks from the Ordinary High Water
5
Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff
impact zone.
c. Roads, driveways and parking areas shall meet the minimum structure setback. Where no
alternative exists, such improvements may be placed within the required structure setbacks
provided they are designed to adapt to the natural landscape, soil erosion is minimized and no
construction shall occur in shore or bluff impact zones. Exceptions to setback requirements must
comply with the rules and regulations of local watershed districts.
d. Commercial, public and civic uses located on lots with public waters frontage shall be setback
double the required setback or be substantially screened from the water by vegetation or
topography, assuming summer, leaf-on conditions.
e. Subdivisions of duplexes, triplexes, and quads within Natural Environment Shoreland districts
must also meet standards set forth in Section (C)(5)(c).
f. Minimum lot size and width requirements apply to residential uses only.
g. Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners
of Nonriparian Lots within Subdivisions. Must meet or exceed the following standards:
They must meet the width and size requirements for residential lots, and be suitable
for the intended uses of controlled access lots.
i. If docking, mooring, or over-water storage of more than six (6) watercraft
is to be allowed at a controlled access lot, then the width of the lot
(keeping the same lot depth) must be increased by the percent of the
requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Shore Length
(acres/mile)
Required increase in frontage
(percent)
Less than 100 25%
100-200 20%
201-300 15%
301-400 10%
Greater than 400 5%
ii. They must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of nonriparian lots in the subdivision who are provided
riparian access rights on the access lot; and covenants or other equally
effective legal instruments must be developed that specify which lot
owners have authority to use the access lot and what activities are
allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring, or docking. They must also include other outdoor
recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The covenants must
limit the total number of vehicles allowed to be parked and the total
number of watercraft allowed to be continuously moored, docked, or
stored over water, and must require centralization of all common facilities
and activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also require all parking
areas, storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public water,
assuming summer, leaf-on conditions.
4. Design Criteria for Structures
6
a. Water Oriented Accessory Structures. Each lot may have one (1) water oriented
accessory structure not meeting the normal structure setbacks if the structure complies
with the following provisions:
i. Structure Height. The structure or facility must not exceed ten (10) feet in
height, exclusive of safety rails, from the average grade of the structure to
the peak of the roof. Detached decks must not exceed eight (8) feet above
grade at any point.
ii. Structure Size. Water oriented accessory structures cannot occupy an area
greater than two-hundred and fifty (250) square feet.
iii. Structure Setback. The setback of the structure or facility landward from
the Ordinary High Water Level (OHWL) must be at least ten (10) feet on a
recreational development lake and fifty (50) feet on a natural environment
lake.
iv. The structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf-on conditions.
v. The roof of the structure may be used as a deck with safety rails, but must
not be enclosed or used as a storage area.
vi. The structure or facility must not be used for human habitation and must
not contain water supply or sewage treatment facilities.
vii. Watercraft Storage Facilities. As an alternative for recreational
development water bodies, water oriented accessory structures used solely
for watercraft storage, and including the storage of related boating and
water oriented sporting equipment, may occupy up to four hundred (400)
square feet provided the maximum width of the structure is twenty (20)
feet as measured parallel to the configuration of the shoreline.
b. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to
major topographic alterations for achieving access up and down bluffs and steep slopes
to shore areas. Stairways and lifts must meet the following design requirements:
i. Stairways and lifts must not exceed four (4) feet in width. Wider stairways
may be used for public open space or recreation properties.
ii. Landings for stairways and lifts must not exceed thirty-two (32) square feet
in area. Landings larger than thirty-two (32) square feet may be used for
public open space or recreation properties.
iii. Canopies or roofs are not allowed on stairways, lifts or landings.
iv. Stairways, lifts and landings may be either constructed above ground on
posts or pilings or placed into the ground, provided that they are designed
and built in a manner that ensures control of soil erosion.
v. Stairways, lifts and landing must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer, leaf-on conditions, whenever practical.
vi. Facilities such as public and private watercraft access ramps, lifts, access-
related parking areas, or mobility paths for physically handicapped persons
are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of subsections (i) through (v) above
are satisfied and provided the vegetative screening and erosion control
requirements are met.
c. Roads, Driveways, and Parking Areas. Public and private roads, driveways, and parking
areas must be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters. Documentation must be
provided by a qualified individual that all roads and parking areas are designed and
constructed to minimize and control erosion to public waters consistent with the field
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office technical guides of the local soil and water conservation district, or other
applicable technical materials.
d. Steep slopes. Local government officials must evaluate possible soil erosion impacts
and development visibility from public waters before issuing a permit for construction
of sewage treatment systems, roads, driveways, structures, or other improvements on
steep slopes. When determined necessary, conditions must be attached to issued
permits to prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and other facilities as viewed from the surface of public waters, assuming
summer, leaf-on vegetation.
5. Subdivision Standards. The following standards shall apply to subdivisions in shoreland
areas:
a. Each lot created through subdivision must be suitable in its natural state for the
proposed use with minimal alteration. In determining suitability the City will consider
susceptibility to flooding, existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potential, steep topography, inadequate
water supply or sewage treatment capabilities, near-shore aquatic conditions
unsuitable for water-based recreation, important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the natural land likely to be harmful to
the health, safety, or welfare of future residents of the proposed subdivision, or of the
community at large.
b. Subdivisions must conform to all other official controls adopted by the City of Lake
Elmo. Subdivisions will not be approved that are designed so variances from one or
more standards in official controls would be needed to use the lots for their intended
purpose. Lots that would require use of holding tanks must not be approved.
c. On natural environment lakes, subdivisions of duplexes, triplexes, and quads must also
meet the following standards:
i. Each building must be set back at least 200 feet from the ordinary high water
level.
ii. Each building must have common sewage treatment and water systems that
serve all dwelling units in the building.
iii. Watercraft docking facilities for each lot must be centralized in one location
and serve all dwelling units in the building.
iv. No more than 25 percent of a lake’s shoreline can be in a duplex, triplex, or
quad environment.
6. Agricultural Activities. The following standards shall apply to agricultural activities in
shoreland areas:
a. The shore impact for parcels with permitted agricultural uses is equal to a line parallel
to and 50 feet from the OHWL.
b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore impact
zones are maintained in permanent vegetation or operated under an approved
conservation plan (resource management systems) consistent with the field office
technical guides of the local soil and water conservation district or the USDA Natural
Resources Conservation Service.
c. New animal feedlots are not allowed in shoreland. Modifications or expansions to
existing feedlots or resumption of old feedlots are conditional uses and must meet the
following standards:
i. Feedlots must be designed consistent with Minnesota Rules Chapter 7020;
ii. Feedlots must not further encroach into the existing ordinary high water level
setback or the bluff impact zone and must not expand to a capacity of 1,000
animal units or more; and,
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iii. Old feedlots not currently in operation may resume operation consistent with
Minnesota Statute Section 116.0711.
d. The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done
in such a way as to minimize impacts on shore impact zones by proper application or
use of earth or vegetation.
7. Shoreland Alterations. The purpose of this section is to prevent erosion into public waters,
fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back
slumping and protect fish and wildlife habitat. Shoreland alterations shall be allowed in
accordance with the following standards:
a. No principal or accessory structure or use shall be placed within bluff or shore impact
zones other than agricultural activities as permitted by subsection (C)(6)(b).
b. Shore impact zones shall be maintained in permanent vegetation or operated under an
approved conservation plan consistent with the field office technical guides of the local
soil and water conservation district.
c. Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff
impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland
areas outside of bluff or shore impact zones and steep slope areas is subject to
standards set forth in Subp. (C) (8) of this Section.
d. Limited Tree Clearing. Limited clearing of trees and shrubs and the cutting, pruning
and trimming of trees within bluff and shore impact zones or steep slopes to
accommodate picnic areas, trails and water access and to provide a view to the water
from a principal dwelling site shall be permitted provided the screening of structures,
as viewed from the water, is not substantially reduced and that the shading of water
surface is along rivers is preserved. These provisions do not apply to the removal of
tree limbs or branches that are dead or pose a safety hazard.
e. Grading in Shoreland Areas. All grading and filling activities must be in conformance
with the Wetland Conservation Act. Any grading or filling on steep slopes or within
shore or bluff impact zones involving the movement of ten (10) or more cubic yards of
material or involving more than fifty (50) cubic yards of material elsewhere in a
shoreland area shall require the submission of a Grading Permit. Approval shall be
granted only if the following conditions are met:
i. The smallest amount of bare ground is exposed for the shortest time
possible;
ii. Ground cover such as mulch is used for temporary bare soil coverage and
permanent ground cover, such as sod, is established;
iii. Methods to prevent erosion and trap sediment during construction are
employed;
iv. Altered areas are stabilized to accepted erosion control standards;
v. Fill is not placed so as to create unstable slopes;
vi. Plans to place fill or excavated material on steep slopes are certified by
qualified professionals as to slope stability and must not create finished
slopes of 30 percent or greater;
vii. Alterations below the OHWL of public waters must first be authorized by
the Commissioner of the Minnesota Department of Natural Resources per
Minn. Stats. § 103G.245 and 103G.405;
viii. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed three feet horizontal to one foot vertical, the
landward extent of the riprap is within ten feet of the OHWL and the
height of the riprap above the OHWL does not exceed three feet; and
ix. Alterations of topography shall only be permitted if accessory to a
permitted or conditional use.
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x. Fill or excavated material must not be placed in bluff impact zone.
8. Forest management standards. The harvesting of timber and associated reforestation
or conversion of forested use to a nonforested use must be conducted consistent with
the following standards:
a. Timber harvesting and associated reforestation must be conducted consistent with the
Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management
Guidelines for Landowners, Loggers and Resource Managers
b. Forest land conversion to another use requires issuance of a conditional use permit and
adherence to the following standards:
i. Shore and bluff impact zones must not be intensively cleared of vegetation.
ii. An erosion and sediment control plan is developed and approved by the
City and local soil and water conservation district and is consistent with the
City’s Storm Water and Erosion and Sediment Control Ordinance (150.270)
before issuance of a conditional use permit for the conversion.
9. Stormwater Management. Stormwater management shall be in accordance with the
City’s Storm Water and Erosion and Sediment Control Ordinance (§150.270). In
addition, the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall
be used as guidance. Within shoreland areas, the following standards also apply:
a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to
convey, store, filter and retain storm water in a manner consistent with local
watershed district rules and regulations before discharge to public waters.
b. Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay
runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is
complete and facilities or methods used to retain sediment on the site are removed.
c. Use of fertilizers, pesticides or animal wastes within shoreland areas must be done in a
way to minimize impact on the shore impact zone or public water by proper
application.
d. New constructed storm water outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
10. Private Utilities. The following provisions shall apply in shoreland areas:
a. Private subsurface sewage treatment systems shall meet applicable City and County
requirements and Minnesota Pollution Control Agency's Chapter 7080 standards.
Publicly owned sewer systems shall be used where available.
b. Any private water supply to be used for domestic purposes shall meet quality
standards established by the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
i. Private wells must be located, constructed, maintained, and sealed in
accordance with or in a more thorough manner than the Water Well
Construction Code of the Minnesota Department of Health.
11. Planned Unit Developments (PUD)
a. Purpose. To protect and enhance the natural and scenic qualities of shoreland areas
during and after development and redevelopment of high density residential uses.
b. Density. Deviation from the minimum lot size standards of Table 17-3 of this ordinance
is allowed if the standards in this Section are met.
c. Processing of PUDs. Planned unit developments are processed according to the
procedures and standards of Article XVI and Article XVII, whichever is more restrictive.
Approval cannot occur until all applicable environmental reviews are complete.
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d. Application for a PUD. The applicant for a PUD must submit the following documents
prior to final action on the application request:
i. A property owners association agreement with mandatory membership, and
consistent with 11 (h) (iv) of this ordinance.
ii. Deed restrictions, covenants, permanent easements or other instruments that:
1. Address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of
commercial buildings in residential PUDs; and
2. Ensure preservation and maintenance of open space in perpetuity
accordance with the criteria and analysis specified in 11 (h) of this
ordinance.
e. Density Determination. Proposed new or expansions to existing planned unit
developments must be evaluated using the following procedures.
i. Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by
drawing one or more lines parallel to the ordinary high water level at the
following intervals, proceeding landward:
Classification Tier Depth
No Sewer (ft) Sewer (ft)
Recreational Development Lakes 267 267
Natural Environment Lakes 400 320
Tributary Rivers 300 300
ii. Step 2. Calculate Suitable Area for Development. Calculate the suitable area
within each tier by excluding all wetlands, bluffs, or land below the ordinary
high water level of public waters.
iii. Step 3. Determine Base Density
1. Divide the suitable area within each tier by the minimum single
residential lot area in Table 17-3 (use required minimum riparian lot
areas for the 1st tier unless no lots within the 1st tier are riparian) for
lakes to determine the allowable number of dwelling units, or base
density, for each tier. Allowable densities may be transferred from any
tier to any other tier further from the waterbody, but must not be
transferred to any tier closer to the waterbody.
2. All PUDs must meet the design standards in Section 11 (f) of this
ordinance.
iv. Step 4. Determine if the Site can Accommodate Increased Density.
The PUD may provide for an increase in density of up to 20% allowed in the
base zoning district or in Table 17-3, whichever is more restrictive, if:
Structure setbacks from the ordinary high water level:
1. Are increased to at least 50 percent greater than the minimum
setback; or
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2. The impact on the waterbody is reduced an equivalent amount through
vegetative management, topography, or additional acceptable means
and the setback is at least 25 percent greater than the minimum
setback.
f. Design Criteria. All PUDs must meet the following design criteria:
i. General Design Standards.
1. Dwelling units must be clustered into one or more groups and located
on suitable areas of the development.
2. Dwelling units must be designed and located to meet the dimensional
standards, other than those for lot area and width, in Table 17-3:
3. Shore recreation facilities:
a. Must be centralized and located in areas suitable for them
based on a suitability analysis (as explained in Subd. (C) (5)
(a) of this Section).
b. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one for
each allowable dwelling unit in the first tier.
c. Launching ramp facilities, including a small dock for loading
and unloading equipment, may be provided for use by
occupants of dwelling units located in other tiers.
4. At least 50 percent of the total project area shall be preserved as open
space and must meet standards outlined in 11 (g) of this ordinance.
5. PUDs shall be connected to public water supply and sewer systems.
When sewer is not available, individual septic systems are not allowed;
community sewage treatment systems are required.
6. Approval from the DNR is required to ensure compliance with
additional regulations.
ii. Structures, parking areas, and other facilities must be treated to reduce
visibility as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks, color, or other means acceptable to the local
unit of government, assuming summer, leaf-on conditions. Vegetative and
topographic screening must be preserved, if existing, or may be required to be
provided.
iii. Accessory structures and facilities, except water oriented accessory structures,
must meet the required structure setback and must be centralized.
g. Open Space Requirements.
i. Open space must constitute at least 50 percent of the total project area within the
shoreland and must include:
1. Areas with physical characteristics unsuitable for development in their
natural state and areas containing significant historic sites or unplatted
cemeteries;
2. Portions of the shore impact zone preserved in its natural or existing state
as follows:
i. For existing residential PUD’s, at least 50 percent of the shore
impact zone
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ii. For new residential PUDs, at least 70 percent of the shore impact
zone.
ii. Open space may include:
1. Outdoor recreational facilities for use by owners of lots in the subdivision and
by the general public; and
2. Stormwater detention facilities, subsurface sewage treatment systems (if the
use of the space is restricted to avoid adverse impacts on the systems), and
other required site improvements not prohibited herein may be applied to this
requirement.
3. Non-public water wetlands
iii. Open space shall not include:
1. Road rights-of-way, or land covered by roads, structures or parking surfaces;
2. Lots, unless owned in common by an owners association;
3. Commercial facilities or uses;
4. Land below the OHWL of public waters.
h. Open Space Maintenance and Administration Requirements.
i. Open space preservation. The appearance of open space areas, including
topography, vegetation, and allowable uses, must be preserved.
ii. Before final approval of a PUD is granted, the developer/owner shall provide for
the preservation and maintenance, in perpetuity, of open space and the
continuation of the development as a community.
iii. The instruments must prohibit:
1. Commercial uses ;
2. Vegetation and topographic alterations other than routine maintenance;
3. Construction of additional buildings or storage of vehicles and other materials;
and
4. Uncontrolled beaching of watercraft.
iv. Development organization and functioning. All planned unit developments must use
an owners association with the following features:
1. Membership must be mandatory for each dwelling unit owner and any
successive owner;
2. Each member must pay a pro rata share of the association’s expenses, and
unpaid assessments can become liens on units or dwelling sites;
3. Assessments must be adjustable to accommodate changing conditions; and
4. The association must be responsible for insurance, taxes, and maintenance of
all commonly owned property and facilities.
12. Nonconformities.
a. All legally established nonconformities as of the date of this ordinance may continue,
but will be managed according to Minnesota Statutes, Section 462.357 Subd. 1e and
other regulations of this community for alterations and additions; repair after
damage; discontinuance of use; and intensification of use.
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b. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of this ordinance.
Any deviation from these requirements must be authorized by a variance.
c. Setback averaging. Where structures exist on the adjoining lots on both sides of a
proposed building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the OHWL, provided the proposed structure is
not located in a shore impact zone or in a bluff impact zone;
d. Setbacks of decks. Deck additions may be allowed without a variance to a structure not
meeting the required setback from the ordinary high water level if all of the following
criteria and standards are met:
i. The structure existed on the date the structure setbacks were established.
ii. A thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure.
iii. The deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level
or does not encroach closer than 30 feet, whichever is more restrictive.
iv. The deck is constructed primarily of wood, and is not roofed or screened.
13. Surface Water-Oriented Uses. Uses with needs to have access to and use of public waters
may be located on parcels or lots with frontage on public waters must meet the following
standards:
a. In addition to meeting impervious coverage limits, setbacks, and other zoning
standards, uses must be designed to incorporate topographic and vegetative screening
of parking areas and structures.
b. Uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum
size necessary to meet the need.
c. No advertising signs or supporting facilities for signs may be placed in or upon public
waters. Signs conveying information or safety messages may be placed in or on public
waters by a public authority or under a permit issued by the county sheriff.
d. Signs may be placed, when necessary, within the shore impact zone if they are
designed and sized to be the minimum necessary to convey needed information.
e. Other outside lighting may be located within the shore impact zone or over public
waters if it is used primarily to illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out across public waters. This does
not preclude use of navigational lights.
D. Administration.
1. Variances. Variances may only be granted in accordance with Minnesota Statutes,
Section 462.357 and are subject to the following:
a. A variance may not circumvent the general purposes and intent of this ordinance;
and
b. For properties with existing sewage treatment systems, a certificate of compliance,
consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance
14
approval. A sewage treatment system shall be considered compliant if the only
deficiency is the system’s improper setback from the ordinary high water level.
2. Conditional Uses. All conditional uses in the shoreland area are subject to a thorough
evaluation of the waterbody and the topographic, vegetation, and soil conditions to
ensure:
a. The prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
b. The visibility of structures and other facilities as viewed form public waters is
limited;
c. There is adequate water supply and on-site sewage treatment; and
d. The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
3. Mitigation.
a. In evaluating all variances, conditional uses, zoning and building permit applications,
the zoning authority shall require the property owner to address, when related to and
proportional to the impact, the following conditions to meet the purpose of this
ordinance, to protect adjacent properties, and the public interest:
i. Advanced storm water runoff management treatment;
ii. Reducing impervious surfaces;
iii. Increasing setbacks from the ordinary high water level;
iv. Restoration of wetlands;
v. Limiting vegetation removal and/or riparian vegetation restoration;
vi. Provisions for the location, design, and use of structures, sewage treatment
systems, water supply systems, watercraft launching and docking areas, and
parking areas; and
vii. Other conservation-designed conditions the zoning authority deems necessary.
b. In evaluating plans to construct sewage treatment systems, roads, driveways,
structures, or other improvements on steep slopes, conditions to prevent erosion and
to preserve existing vegetation screening of structures, vehicles, and other facilities as
viewed from the surface of public waters assuming summer, leaf-on vegetation shall be
attached to permits.
4. Notifications to the Department of Natural Resources
a. All notices of public hearings to consider variances, ordinance amendments, or
conditional uses under shoreland management controls must be sent to the
commissioner or the commissioner’s designated representative at least ten days before
the hearings. Notices of hearings to consider proposed subdivisions/plats must include
copies of the subdivision/plat.
b. All approved ordinance amendments and subdivisions/plats, and final decisions
approving variances or conditional uses under local shoreland management controls
must be sent to the commissioner or the commissioner’s designated representative and
postmarked within ten days of final action. When a variance is approved after the
Department of Natural Resources has formally recommended denial in the hearing
record, the notification of the approved variance shall also include the summary of the
15
public record/testimony and the findings of facts and conclusions which supported the
issuance of the variance.
c. Any request to change the shoreland management classification of public waters
must be sent to the commissioner or the commissioner’s designated representative for
approval, and must include a resolution and supporting data as required by Minnesota
Rules, part 6120.3000, subp.4.
d. Any request to reduce the boundaries of shorelands of public waters must be sent to
the commissioner or the commissioner’s designated representative for approval. The
boundaries of shorelands may be reduced when the shoreland of water bodies with
different classifications overlap. In these cases, the topographic divide between the
water bodies shall be used for adjusting the boundaries.
5. Subsurface Sewage Treatment System Certificate of Compliance. A certificate of
compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required
whenever a permit or variance of any type is required for any improvement on or use
of the property. A sewage treatment system shall be considered compliant if the only
deficienct is the system’s improper setback from the ordinary high water level.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 43 Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___
2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2017.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2017-012
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-166 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-166,
an ordinance to amend Section 154.800: Shoreland Management Overlay District, of the City
Code; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-166 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-166, which amends the
Section 154.800: Shoreland Management Overlay District, of the Zoning Code, bringing it in to
compliance with Minnesota Rules Part 6120.2800, by amending the following:
• The Shoreland Classifications Table is modified.
o The following waterbodies are removed: Minnesota Department of Natural Resources
(MNDNR) ID#s 82041900, 82041700, 82048400.
o MNDNR ID# 82010500 (Berschen’s Pond) is added.
• Forest land conversion is added as a conditional use, and standards for this use are set forth.
• Changes were made to the Shoreland Standards Table 17-3, including increasing certain
minimum lot width, lot size, and structure setback standards; adding standards for lots
containing triplexes and quads; adding minimum lot width standards for unsewered riparian
lots and nonriparian sewered and unsewered lots; and maximum structure height.
• Standards for lots intended as controlled accesses to public waters or as recreation areas for
use by owners of nonriparian lots within subdivisions were added.
• Restrictions on roads, driveways and parking area, as well as steep slopes, were added.
• Additional standards for Planned Unit Developments (PUDs) within the shoreland were
added.
• The non-conformities section was revised to reference State Statutes, Section 462.357, Subd.
1e. and reflect the MNDNR Shoreland Model Ordinance.
• Standards for surface water-oriented uses were added.
• Administration subdivision was updated to align with Minnesota Rules.
The full text of Ordinance No. 08-166 is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: March 7, 2017.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_________________________ and upon vote being taken thereon, the following voted in favor
thereof:____________________________________and the following voted against
same:________________________________________
Whereupon said resolution was declared duly passed and adopted.