1998-01-06 P & Z Packet - Laserfiche WebLink

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I 2/18/97 Lake Elmo Municipal Code Chapler 3 - Zoning Section 325 -Shore land Dislricl Subd. 2 AdditionslExnansions to Non-Conforminl! Structures. A. AddilionslExnansions. All additions or expansions to the outside dimensions of an existing non- conforming strUcture must meet the setback, heigh~ and other requirements of Section 3~5.06. Any deviation from these requirements must be authorized by a variance pursuant to Section 325.04, Subd. 2. B. ~ Deck additions may be allowed without a variance to a Structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: I. The structure existed on the date the structure setbacks were established: 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure: 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the exisling setback of the strocture from the ordinary high water level or does not encroach closer than 30 fee~ whichever is more restrictive; and 4. The deck is constrUcted primarily of wood and is not roofed or screened. Subd.3 Non-Conformin!!: Sews!!:e Treatment Svstems. A. A sewage treatment system not meeting the requirements of Section 325.06. Subd. 9 must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of. the property. For the purposes of this provision, a sewage trearment system shall not be considered non-conforming if the only deficiency is the sewage trearment system's improper setback from the ordinary high water level. B. The Council of the City has notified the DNR commissioner of its plan to identify non-conforming sewage treatment systems in shore land areas. The City will require upgrading or replacement of any non-conforming system identified by this program within a reasonable period of time. which will not exceed 180 days of notice and order to comply by the zoning administrator. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes. Section 103F.20J. in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems including cesspools. leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of off-site sewage treatment systems, shall be considered non- conforming. 325-15