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1998-01-06 P & Z Packet
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1998-01-06 P & Z Packet
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<br />I <br /> <br />2/18/97 <br /> <br />Lake Elmo Municipal Code <br />Chapler 3 - Zoning <br />Section 325 -Shore land Dislricl <br /> <br />Subd. 2 AdditionslExnansions to Non-Conforminl! Structures. <br /> <br />A. AddilionslExnansions. All additions or expansions to the outside dimensions of an existing non- <br />conforming strUcture must meet the setback, heigh~ and other requirements of Section 3~5.06. <br />Any deviation from these requirements must be authorized by a variance pursuant to Section <br />325.04, Subd. 2. <br /> <br />B. ~ Deck additions may be allowed without a variance to a Structure not meeting the required <br />setback from the ordinary high water level if all of the following criteria and standards are met: <br /> <br />I. The structure existed on the date the structure setbacks were established: <br /> <br />2. A thorough evaluation of the property and structure reveals no reasonable location for a deck <br />meeting or exceeding the existing ordinary high water level setback of the structure: <br /> <br />3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the <br />exisling setback of the strocture from the ordinary high water level or does not encroach closer <br />than 30 fee~ whichever is more restrictive; and <br /> <br />4. The deck is constrUcted primarily of wood and is not roofed or screened. <br /> <br />Subd.3 Non-Conformin!!: Sews!!:e Treatment Svstems. <br /> <br />A. A sewage treatment system not meeting the requirements of Section 325.06. Subd. 9 must be <br />upgraded, at a minimum, at any time a permit or variance of any type is required for any <br />improvement on, or use of. the property. For the purposes of this provision, a sewage trearment <br />system shall not be considered non-conforming if the only deficiency is the sewage trearment <br />system's improper setback from the ordinary high water level. <br /> <br />B. The Council of the City has notified the DNR commissioner of its plan to identify non-conforming <br />sewage treatment systems in shore land areas. The City will require upgrading or replacement of <br />any non-conforming system identified by this program within a reasonable period of time. which <br />will not exceed 180 days of notice and order to comply by the zoning administrator. Sewage <br />systems installed according to all applicable local shoreland management standards adopted under <br />Minnesota Statutes. Section 103F.20J. in effect at the time of installation may be considered as <br />conforming unless they are determined to be failing, except that systems including cesspools. <br />leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area <br />separation above ground water than required by the Minnesota Pollution Control Agency's <br />Chapter 7080 for design of off-site sewage treatment systems, shall be considered non- <br />conforming. <br /> <br />325-15 <br />
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