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

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• ProposedS ore a Regulations -Ali NN HILLS en �rnents, �ummarY As regulated by the DNR since 1973,the City has a section in the Zoning Code regulating uses within the Shoreland District. The City is proposing a number of amendments to these regulations in order to bring the City's regulations into compliance with DNR standards, improve water quality, increase the enjoyment of the lakes for everyone in our community, and clarify the language to make en- forcement of the Citv's regulations an easier task. Below is a brief summary of the most notable changes being proposed. Summary of Proposed Changes to Section 1330, the City's Shoreland Regulations Shore Impact Zone-This is a new definition within the regulations that refers to the land located between the lake and one-half of the structure setback. In the case of Lake Johanna, the lakeshore setback is 50 feet, so the Shore Impact Zone would be the first 25 feet along the shoreline. Exceptions to Structure Setback Requirements -The proposed regulations would now allow docks, fences,stairways, accessibility-lifts, patios; and landings within the Shore Impact Zone, under certain condi- tions. The current City-regulations do not expressly allow these items; however, it has been practice to allow them in the past. Additionally, the proposed regulations include language that would now permit up to one accessory storage shed mthin the lakeshore setback under certain circumstances. Adjacent Lots — The existing regulations treat the construction of new homes and additions to existing homes differently. Under the existing regulations, a new home cannot be closer to the lake than the average setback of the two adjacent homes. The primary-purpose of this limitation is to protect the views of the lake for existing homes. However, a loophole in the existing regulations allows additions to be constructed up to the minimum structure setback line regardless of the two adjacent homes. The proposed regulations require - that new homes, and additions to existing homes, meet the average setback of the two adjacent lots minus ten feet. This change removes the loophole for additions but provides some flexibility for lake lot owners to improve their homes. The minimum structure setback to the lake would still apply regardless of the setbacks of adjacent homes. For an illustration, please see the other side of this document. Maintenance of the Shoreland — The proposed regulations would require items (i.e.; bouts, boatlifts, docks) that are in a state of disrepair or inoperable be prohibited from being stored outdoors. The proposed ordinance does not include specific restrictions on storing non-motorized watercraft,such as canoes,kayaks, etc. Dock setbacks —The proposed regulations include a five foot setback for dock placement at the shoreline. The Zoning Administrator may alter this regulation if topography or lot width created a significant limitation on dock placement for a particular lot. Permeable Surface Credit —The proposed regulations would permit permeable surfaces in excess of the maximum hard cover requirement, in direct proportion to the permeability of the surface, in exchange for an approved mitigation plan. Permeable surfaces can be a green component to building projects. Mitigation Plan — The proposed regulations would require all properties seeking special approval from the City through a variance or conditional use permit to provide a mitigation plan to the City_ The mitigation plan would also be required if a property wanted to use the Permeable Surface Credit. The mitigation plan would consist of installing a rain garden or native vegetative buffer along the shoreline, removing non- conforming structures, constructing new structures with natural looking materials, or implementing some other form of shoreland improvement,subject to City approval. 1245 West Highway 96 Arden Hills,MN 55112 Phone: 651-792-7806 Website:w ww.ci.arden-hilis_rnn.us