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A—R-DEN HILLS CITY COUNCIL WORK SESSION—FEBRUARY 16, 2010 4 LA Planning Case #09-003, Zoning Code Amendment, Shoreland Regulation (continued) Mayor Harpstead questioned if this language could read, minus ten feet but no closer than the adjacent home. Discussion ensued regarding the shoreland setback. Councilmember Holden asked why staff recommended the 10 feet clause. City Planner Beekman indicated this regulation could be followed by the majority with some flexibility. She explained that the City did not want to pass a code that created a great deal of variances. Topography was a concern on lakeshore lots and many are already non-conforming. g She stated the Council needed to address these non-conforming lots while still allowing the lakeshore properties to be improved. Mayor Harpstead stated he would have a hard time supporting the Ordinance with the minus 10 foot clause unless it included other restrictions. He requested that any new structures not be closer to the lake than the adjacent lots. Councilmember Grant felt there was little threat of homes creeping towards the lake and none would be closer than 50 feet. - Councilmember Holmes agreed with this comment and noted she was in favor of the Ordinance as proposed by staff. Councilmember McClung agreed with Councilmember Grant as well and explained he was in favor of the lakeshore property owner's rights. Councilmember Holmes asked if the issues surrounding the Northwestern College maintenance building would be addressed within the new ordinance. City Planner Beekman stated this would be covered under the Maintenance of the Shoreland section of the ordinance, requiring that all inoperable items could not be stored outdoors. Mayor Harpstead asked for clarification between the ordinary high water mark and the shore impact zone. City Planner Beekman explained the shore impact zone was a new definition in the ordinance, meaning 50% of the minimum structure setback to the lake. The ordinary high water mark is an elevation established by the DNR. She further reviewed equipment and structures that were allowed within the shore impact zone. One accessory storage structure would be allowed within the shore impact zone. Mayor Harpstead questioned if tree topping was restricted within the shore impact zone. City Planner Beekman stated pruning and trimming was allowed, provided it doesn't kill the tree. Permits are not required for trimming.