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7B, Ordinance 2010-004
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7B, Ordinance 2010-004
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10/24/2024 9:56:02 AM
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2/22/2010 9:50:33 AM
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Ordinance 2010-004
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2/22/2010
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Below is a list and summary of changes made since the February 16, 2010, meeting. Staff has <br />also prepared aerial maps with approximate lake side setbacks for Lake Johanna and Lake <br />Josephine (Attachment B). Several of the setbacks for a new home construction have been <br />calculated using the existing regulations and the proposed regulations. Please note that the <br />existing regulations would allow an addition up to the minimum structure setback (50 feet on <br />Lake Johanna) in all instances. This would no longer be the case with the proposed regulations. <br />1. Adj acent Lots — Based on Council direction Staff maintained the "minus ten feet" <br />language within the regulations. Furthermore, Staff added subparagraph B which <br />clari�es that the minimum structure setback (50 feet on Lake Johanna) be used to <br />calculate the average setback when one of the adj acent lots is vacant, does not have a <br />single or two-family use, or has a dwelling unit that encroaches on the minimum structure <br />setback. The Code does not currently address these situations; however, Staff feels that it <br />is important to clarify how to calculate the average setback in these specific instances. <br />Because of the existence of Presbyterian Homes, Northwestern College, and both County <br />and City parks around the lake there are instances when the adj acent property is not a <br />single-family home. In these instances the minimum structure setback would be used to <br />calculate the average setback. Additionally, there are a few vacant parcels around the <br />lakes. These too would use the minimum structure setback when calculating the average <br />setback, as would be the case when there are dwelling units that encroach forward of the <br />minimum structure setback. <br />The amendment to the Adj acent Lots regulation is in the public interest because it allows <br />for the maintenance of the City's housing stock, helps protect street side setbacks, <br />encourages the reduction of non-conforming homes, and provides flexibility given the <br />number of lots constrained by topography and substandard size. The amendment also <br />protects community character by constraining the setbacks of home additions where <br />presently the regulation does not. <br />2. Covered Docks — The regulations were amended to expressly prohibit dock coverings. <br />Coverings on boatlifts would not be prohibited. <br />3. Maintenance of the Shoreland — The language requiring the shoreland to be kept in a <br />"neat and not unsightly appearance" has been removed and instead language that <br />encourages keeping the shoreland in its natural state with the use of native vegetation has <br />been added. <br />4. Dock Rental — The regulation prohibiting dock rental has been removed. Staff looked at <br />numerous other city codes and contacted the DNR. There is no set standard on how to <br />address this issue. Most communities do not regulate dock rental. Commercial marinas <br />are already prohibited around the City's lakes because they are not permitted uses within <br />the residential districts. However, there is no set definition for marina. Individuals who <br />were renting out their personal dock space to others would not be considered a <br />City of Arden I-Iills <br />City Council Work Session for February 22, 2010 <br />IlMetro-inet.usiardenhillslPlanninglPlanning Cases12009109-003 Shoreland Pr�eservation Ordinance (Pending)102-22-10 - RegularMeeting - <br />Shoreland Regulations - Memo.doc page 3 of 5 <br />
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