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06-07-21-SWS
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06-07-21-SWS
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Page 4 of 7 <br /> <br /> <br />There have been a few ordinance revisions over the years. The City completed the codification <br />of city ordinances in 2001 in which the Shoreland Management Ordinance was renumbered to <br />Section 334. At that time it was noted that minor updates were made to address some of the <br />technical requirements set by the DNR. This process occurred again in November 2006 with the <br />shoreland ordinance being renumbered to Section 1330, Shoreland Regulation and it was said <br />during this re-codification process that most of the zoning code was unaltered. <br /> <br />The most substantive update of the shoreland ordinance occurred between 2009 and 2010. For <br />this ordinance amendment, the Planning Commission and City Council held a number of work <br />sessions as well as a Community Meeting on May 21, 2009. This ordinance review was intended <br />to address a number of holes that still remained unaddressed after the 2002 update. During this <br />process the City conducted an extensive review of development regulations including, but not <br />exclusive to, exceptions to OHW setbacks, wetland setbacks, accessory structure allowances, <br />additional definitions, removal of vegetation and grading and filling standards in order to gain a <br />greater consistency with the DNR guidelines. This research did not involve review of lake <br />classifications. However, incorporated into this ordinance amendment Little Lake Johanna was <br />shifted to a Recreational Development Lake. It is suspected that the inconsistency in lake <br />classification was caught as part of that review and amended to reflect DNR categorization. No <br />resolution was passed or necessary for the change in classification because the City was updating <br />our language to be in conformance with the DNR. It is unknown in review of the record of why <br />Lake Johanna was not modified or if Staff was aware of its inconsistency in lake classification. <br />This amendment process was completed on February 22, 2010 when the City passed Ordinance <br />2010-004. <br /> <br />Lake Classification <br /> <br />For the work session discussion, the City Council has asked to review the three lakes as <br />recommended for reclassification and gather information on how lake classification <br />determinations are made. Lake classification is used to determine lot size, setbacks and, to a <br />certain degree, land uses on adjacent land. The classification does not pertain to surface water <br />use of boats or motors, hunting or fishing or fish management. Those are governed by other <br />regulations. Minnesota Rule 6120.3000 Subp. 1a. identifies the types of public water classes <br />with a general description of each class. For this report staff has provided below the descriptions <br />for waterbody classifications specific to the reclassification discussion: <br /> <br />A. Natural environment lakes are generally small, often shallow lakes with limited <br />capacities for assimilating the impacts of development and recreational use. They <br />often have adjacent lands with substantial constraints for development such as <br />high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly <br />in rural areas, usually do not have much existing development or recreational use. <br />B. Recreational development lakes are generally medium-sized lakes of varying <br />depths and shapes with a variety of landform, soil, and groundwater situations on <br />the lands around them. They often are characterized by moderate levels of <br />recreational use and existing development. Development consists mainly of <br />seasonal and year-round residences and recreationally-oriented commercial uses. <br />Many of these lakes have capacities for accommodating additional development <br />and use. <br />C. General development lakes are generally large, deep lakes or lakes of varying <br />sizes and depths with high levels and mixes of existing development. These lakes
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