12-06-2021 Council Packet - Laserfiche WebLink

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To: Chair Kirchner and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 15 November 2021 Subject: #LA21-000066, Text Amendment: Section 78-72 Lots of Record. Public Hearing History In 1992, when the City codified the original Shoreland Overlay District regulations using the DNR draft ordinance, we were allowed to take a departure from the standard 25% hardcover limitation by maintaining our already established graduated zones of increasing percentages based on the distance from the OHWL. At that time, we were applying 4 zones of hardcover limitation: • 0’ – 75’ setback from the OHWL no hardcover was permitted (except for the DNR-approved exceptions); • within the zone between 75’ and 250’ from the OHWL, a maximum of 25% of that area was permitted to be hardcover; • between 250’ and 500’ from the OHWL, 30% of that area was permitted to be hardcover; and • between 500’ to 1000’ from the OHWL, a maximum of 35% of that area was permitted to be hardcover. The DNR flexibility approval history is attached as Exhibit F. 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 was followed; we assigned each property to a Tier based on their setback distance from the OHWL. We chose this method rather than splitting zones within properties because it was proving difficult for a homeowner to calculate their own hardcover without the assistance of an engineer or surveyor. City Code Section 78-1701 outlines the tier assignment methodology for existing lots and lots created in the future. Issue The City has standards for development and/or re-development of existing legally non-conforming lots referred to as “Lots of Record”. Between 2012 and 2013, the City reworked our provisions regarding development of Lots of Record, both in and out of the Shoreland Overlay District. During that time, our goal was to codify the current State Statute language. Unfortunately, the hardcover portion of this provision was overlooked. City Code Section 78-72(c) currently requires that development of any nonconforming sized property requiring variances from any of the zoning standards (setbacks, etc.) would also be subject to lot width and/or lot area variances depending on the lot’s size. As written, a property taking advantage of Section 78-72(c) to develop without the required lot area and/or lot width variances would be limited to a maximum of 25% hardcover rather than being allowed to fully utilize the Tier-assigned limitation which may be 30%, 35% within the Shoreland Overlay District. This restriction creates a difficulty for property owners who, in the future after development, wish to make a hardcover improvement such as a patio, deck, driveway change, etc. which would normally be permitted based on their Tier assignment. Application Summary: The City is proposing a text amendment which would remove the 25% hardcover limitation applied to re-development of Lots of Record within Tiers 2 through 5. Staff Recommendation: Planning Department Staff recommends approval as drafted.