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HomeMy WebLinkAbout2025-02CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2025-02 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE FOR ZONING AND LAND USE SECTIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 1 General Provisions; Chapter 1.08: Definitions, Section 010 Terms Defined is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with str-ilie�: Open space area means the measurement of all undeveloped land including wetlands, stormwater ponds, steep slopes, parks and conservation areas and natural f atwes within a subdivision or planned unit development. Trails or sidewalks outside of the road right-of-way and agricultural buildings are included in the open space area. Road right-of-way and buildable lots and outlots are not considered open space areas. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 410 Off Street Parking Regulations is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with str-ikethreugh): (h) Truck parking in residential areas. No commercially licensed trailer or truck which has a vehicle weight of 14,000lbs (Class 4) or more shall be parked or stored in a residential district except when loading, unloading, or rendering a service. Recreation vehicles and-pideaps are not restricted by the terms of this provision. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 440 Accessory Buildings and Structures, Generally is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrwagh): (e) Proximity to principal structure. Accessory buildings or structures shall maintain a six-foot setback from the principal structure. An accessory building or structure will be considered as an integral part of the principal building if it is located six feet or less from the principal structure and located to the side or rear of the principal structure. Accessory buildings or structures shall not be located in the front yard of the principal structure unless they are listed as a permitted encroachment defined in LEC 105.12.200(a)(1). SECTION 4. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12: Zoning Code, Section 200 Permitted Encroachments is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethr-eugh): a) In any yards. 1) Posts, off-street open parking, flutes, leaders, sills, pilasters, lintels, cornices, eaves (up to three feet), gutters, awnings, open terraces, steps, chimneys, flag poles, open fire escapes, egress window/wells, sidewalks, fences, retaining walls less than four feet in height, essential services exposed ramps (wheelchair), patios, stoops, decks not requiring railings in accordance with state building codes, or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line nor less than one foot from any existing or proposed driveway; yard lights and nameplate signs; trees, shrubs, plants, floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas, or yards for safety and security reasons; provided the direct source of light is not visible from the public right-of-way or adjacent residential property. 2) Porches as defined in LEC 1.08 may encroach up to six feet into a required front yard setback or side corner yard, but in no case shall be set back less than ten feet from the front property line. A porch is not allowed in a side or rear yard setback. b) Side and rear yards. Fences; walls and hedges six feet in height or less; pool e ui ment pads; bays not to exceed a depth of three feet or containing an area of more than 30 square feet; egress/window wells not to exceed the minimum area needed to meet building/ fire code or fire escapes not to exceed a width of three feet. SECTION 5. The City Council of the City of Lake Elmo hereby amends Title 103 Subdivision Regulations; Chapter 103.00, Section 060 Lot Consolidation/Lot Line Adjustment is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 1. Criteria for lot line adjustment/lot consolidation. Lot line adjustments exempted from platting by M.S.A. § 462.352, subd. 12 shall not require a plat or replat and may be administratively approved, provided all of the following are met: 1. Each resultant parcel equals or exceeds the minimum lot dimension requirements and public road frontage requirements for the zoning district in which the property is located or is made more conforming through the lot line adjustment. When more than one lot is non -conforming, the least conforming lot may be made more conforming while the other non -conforming loth are made less conforming. A conforming lot shall not become non -conforming by the lot line adjustment/consolidation; 2. The lot line adjustment does not create additional lots. 3. The lot line adjustment shall not cause any structure on the property to be made non -conforming or in violation of the zoning ordinance codified in LEC title 105 or any other provisions of this Code. 4. All resultant parcels shall have frontage and access on an existing improved street or access to an existing improved street protected by a restrictive covenant approved by the city attorney which includes the city as a beneficiary. 5. The resulting parcels shall generally conform to the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. 6. Any such lot line adjustment shall not require any public improvements. 7. Any easements that become unnecessary as a result of the combination of parcels must be vacated. A request to vacate easements shall be made concurrently with the application for lot consolidation/lot line adjustment. Review of the easement vacation request, including any public hearings and city council action, shall be completed before action may be taken on the application for lot consolidation/lot line adjustment. 8. New easements shall be established as the city deems necessary. SECTION 6. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter 105.12 Zoning Code, Section 190 Additions and Exceptions to Minimum Area, Height, and Other Requirements is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethreugh): (y) Reduction of required yard or lot size prohibited. No yard or lot shall be reduced in area or dimension so as to make it less than the minimum required by this chapter, and if the existing ; afd or lot is less than th-e minimum reqtfired, .t shall not be firth._ _edua. If the existing lot is less th an the minimum required, it may be further reduced if it meets the lot line adjustment standards in LEC 103 00 060. Ne required 5,afd or ", otherlot ouffenfly used for a building or dwelling group shall be used to satisfy minimum lot area requifements fo SECTION 7. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION S. Adoption Date. This Ordinance 2025-02 was adopted on this 4th day of February 2025, by a vote of I Ayes and QNays. LAKE ELMO CITY COUNCIL Charles Cadenhead, Mayor ATTEST: 9 4�rK Vi1 This Ordinance 2025-02 was published on the 1411 day of February 2025.