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July 6, 2010 Memo for Gem Lake City Council Page 2 of 4 relevant to the discussion (the rules are an exception to the requirement to get a DNR permit to place fill in public waters). It appears, though, that in all respects except for notifying local officials, the beach sand installation is within the limits prescribed by the DNR, and would not require a DNR permit. I did not locate any VLAWMO regulation that addresses this topic. Gem Lake's Zoning Ordinance governs these properties under two sections: R-1 zoning classification and the Shoreland section of the Ordinance. As a matter of basic zoning under the R-1 rules, the beach is an accessory use to the main structure, the house. In the list of accessory uses, the sand could be either analogous to a swimming pool, tennis court, etc., or a "decorative landscape feature." The beach also conforms to the City's definition of "accessory use," in that it is subordinate to the house on the property, serve's the house's residents, and it is something that is, generally speaking, "customarily incidental" to lakeshore houses. The sand is not a "structure" and is similar to the items that the R-1 rules allow to be built within setbacks (also, the rear lot line for these properties is in the middle of the lake, not at the waterline). No zoning permit or authorization is required under the R-1 portion of the Ordinance. The Shoreland chapter of the Ordinance divides the land to which it applies into three zones. For each zone, the Shoreland Ordinance states "restrictions" on the use of land in the zone. These restrictions apply in addition to the underlying zoning classification rules discussed above, but do not displace those rules. When more than one section of the Zoning Ordinance addresses a subject, the more restrictive provision applies. Where the Shoreland chapter states a restriction, it modifies the general rules that would apply to an R-1 property if it had no shoreline. On the other hand, where there is no restriction stated in the Shoreland chapter, the R-1 and general zoning rules apply. The beach sand is installed within Shoreland Zone 2, which extends 50 feet landward from the waterline of the lake. Shoreland Zone 1, which begins at the waterline and extends out into the lake, states the following about permitted uses in the zone: 21.3.1 No material, fill, debris or any other materials shall be deposited anywhere in this zone except for the depositing of clean beach type sand in accordance with state regulations for the sole purpose of establishing a beach of limited size and only after obtaining prior authorization from the Zoning Administrator. This provision is consistent with the DNR rule governing fill activities in public waters, which would also apply if such an activity were proposed. Turning back to Shoreland Zone 2, there is no directly corresponding provision restricting the deposit of fill material within the zone. In prior discussions, we have focused on this provision: 21.4.2 No storage of materials of any type intended for the creation of compost including, but not limited to, garbage, debris, or lawn and garden waste, shall be allowed.