1A, Planning Case 09-003, Zoning Code Amendment

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Shoreland Regulations (Attachment B) Section 1330 has been included in its entirety. This section includes the most number of changes. The changes were included to reflect current DNR regulations, clarify current enforcement practice in the shoreland area, and to reflect growing concern amongst City Council and other residents about issues facing the shoreland. Revisions to the draft since the November 45 2009, meeting have been highlighted. Below is a list and summary of changes made to the Shoreland Regulation Section 1330. Staff also has prepared a handout with diagrams that summarizes the proposed changes (Attachment A). 1. Purpose—A purpose statement was added that clearly lists the goals of Section 1330. 2. Adjacent Lots— Staff is proposing an amendment to the regulation that addresses construction on lots when there are two adjacent developed lots that exceed the minimum setback to the lake (50 feet on Lake Johanna). The proposed regulation would require that new construction, and additions to existing homes, have a minimum setback that meets the average setback of the two adjacent lots minus ten feet. The existing regulations require new homes in this situation to meet the average setback - of the two adjacent properties; however, additions to homes need only meet the minimum setback to the lake. In essence this has created a"loophole"within the Code. The proposed amendment would remove the loophole that allows additions to be constructed up to the minimum setback line, thus reducing property rights that lakeshore lot owners currently enjoy. In order to inject some flexibility into the Code, Staff is proposing that all new construction, including additions, meet the average of the two adjacent homes, minus ten feet. A ten foot expansion would continue to protect sightlines for neighboring properties owners, but allow lakeshore lot owners some flexibility when improving their properties. Dwellings would still be required to meet the minimum lake setback. The fact that most properties around the City's lakes are nonconforming in some way makes improving lots difficult. Many lots are substandard and have homes that already encroach into the existing setback requirements. One of the questions that the City must grapple with is how to address the balance between maintaining the quality of housing stock and community character that Arden Hills' enjoys while still allowing people to continue to improve their homes. Staff feels that the proposed amendment allowing the "minus ten feet" flexibility provides a middle ground that maintains the site lines of homes on the lake while allowing existing lakeshore lot owners to improve their homes if they choose. 3. Exceptions to Structure Setbacks—The proposed regulations broaden and clarify what structures are permitted within the normal structure setback to the lake. Docks and City of Arden Hills City Council Work Session for February 16, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-003Shoreland Preservation Ordinance(Pending)102-16-10-Work Session-Memo -Shoreland Regulations.doc Page 3 of 5