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

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Arden Hills, Minnesota 55112 February 2, 2010 Wage 5 "minus ten(10) feet" language allowin new dwellings or additions to move 10 feet closer to the g shoreline than the adjacent dwellings. Based on the Ad'lain language of the Adjacent Lots Setback Rule, it is designed to assure that sight pJ lines of lake and shoreline from existing homes are maintained. It cannot be forgotten that lakeshore homes are generally designed to maximize lake views, are built with the expectation that other builders will likewise be held to the same standard, and have a value that is inextricably tied to lake views. The public interest is best served by maintaining these investment-backed expectations. In addition, having a hard setback line is the only way to maintain the character of existing neighborhoods that have substantial green space between dwellings and shoreland. Significant and consistent ace green s provides for a more aesthetically pleasing views, both looking in from g p the lake and outward from shore, plus the potential for enhanced public safety. The increased green space can also lead to improved water quality of City lakes by limiting the amount of imperious surfaces and by having greater pervious areas between dwellings and lake shore to absorb and filter runoff. --- In contrast, if the concern driving the "minus ten(10) feet" language is unique topographical features of a particular lot that need a shorter setback, such concerns are properly addressed by seeking a variance. In the variance procedure, the City has the opportunity to review the specifics of anyp articular case to determine whether there are topographical features that justify p moving closer to the shoreline while assuring any such change is done in a manner that maintains the character of the neighborhood and the spirit of the Zoning Code. The same simply cannot be said for a blanket amendment of"minus ten(10) feet" for any new construction, which will foster a race to the 50-foot setback mark. Conclusion Rather than create new questions and new issues, the City needs to stay focused on what is necessary an n d i the public interest. For the Adjacent Lots Setback Rule, that means adopting an amendment that fix the potential"addition loophole" while preserving the character of existing lakeshore neighborhoods and the expectations of those that have invested their hard earned dollars to construct homes, in reliance on the Zoning Code, that maximize lake views. To accomplish those goals, the Stantons recommend the following deletions (strikethrough) in the proposed amendment to the Adjacent Lots Setback Rule should be as follows: Subd. 4 Adjacent Lots. Where two or-mere existing adjacent dwellings have shoreline setbacks that exceed the minimum setback from the ordinary high water level fnefe the shoreland setback for a new dwelling unit, or an addition nonconformity." Based on the basic grammar, an addition cannot be added to a nonconforming structure since it would undeniably cause the dwelling to occupy a greater area or height on the lot.