12-06-2021 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. Consider a text amendment relating to hardcover on Lots of Record in the Shoreland Overlay District. 2. Background/ Summary. The DNR has delegated authority for Shoreland zoning to the City provided the City’s rules do not conflict with the State’s Shoreland Rules. In 1992, when the City codified the original Shoreland Rules, using the DNR draft ordinance as a template, the DNR allowed a departure from the standard 25% hardcover limitation by maintaining the established graduated zones of increasing hardcover based on the distance from the OHWL. At that time, we were applying 4 zones of hardcover limitation based on setback distances from the lake. In 2012, the City’s hardcover regulations were restructured after a study to, among other things, simplify the regulations for homeowner use. The same basic principal allowing a hardcover percentage based on the property’s distance from the OWHL was followed; we assigned each property to a hardcover tier. The DNR approved the 2012 code changes. Because the City cannot be less restrictive than State Statute, Staff proposes changes to address the hardcover limitation placed on currently developed substandard lots within the Shoreland Overlay District. To accomplish this, Staff is proposing to add language in Section 78-72 to differentiate between “developed” and “undeveloped” nonconforming lots of record. This would permit any nonconforming developed lot, i.e. where a home exists currently, to be redeveloped with the Tier-assigned hardcover so long as the other standards are met. This change would benefit any currently developed, substandard non- lakeshore property. Lakeshore properties are by default limited to be 25% as they are assigned to Tier 1. City Code does not specifically define developed or undeveloped lots, but Staff suggests applying the following straightforward approach:  If there is a home on the property currently, the lot would be considered to be developed. Developed lots would follow the proposed language of 78-72(c)(2) and would be permitted to apply the appropriate hardcover Tier; OR  If the nonconforming lot is vacant it is considered to be undeveloped and would follow 78-72(c)(1) which would limit development to 25% hardcover. 3. Planning Commission Vote and Comment. On November 15th, the Planning Commission held a public hearing. The DNR has since provided written approval of the text amendment language (Exhibit B). Following the public hearing the Planning Commission voted 5 to 0 on a motion to approve the proposed amendment. The Planning Commission commented on the definition of developed/ undeveloped. Item No.: 13 Date: 6 December 2021 Item Description: #LA21-000066, Text Amendment: Section 78-72 Lots of Record – Ordinance No. 265 & Summary Ordinance No. 266 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda