12-06-2021 Council Packet - Laserfiche WebLink

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FILE # LA21-000066 15 November 2021 Page 2 of 2 Additionally, the institutional problem of tracking the properties with the additional hardcover limitation is cumbersome and imperfect. The planning commission has recently reviewed a number of lot width and/or lot area variances which fall under this provision. Examples include, a property which was developed under the Lot of Record provision but following the home being built, the property owner requested lot width and lot area variances for the nonconforming lot size in order to apply the Tier-assigned hardcover to support construction of a deck. Additionally, the planning commission has reviewed lot area and/or lot width variances for redevelopment or “clean slate” projects where all zoning requirements can be met but, in order to apply the Tier-assigned hardcover, those lot size variances are requested. Proposed Solution Because the City cannot be less restrictive than State Statute, Staff is proposing 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. 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. The Code does not specifically define developed or undeveloped lots, but Staff suggests applying the following literal approach:  If there is a home on the property currently, the lot is 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. The existing timing outlined for replacement of nonconforming structures within City Code Section 78-71(c) subsections 1 and 2 regarding voluntary removal (180 days) verses involuntary removal (12 months) will be used for determining “developed” versus “undeveloped” for existing situations. The replacement timeline established would need to expire before the lot would be considered to be undeveloped for this purpose. The DNR supports this reading of the regulation, provided as Exhibit B. Planning Staff Recommendation Planning Staff recommends approval as drafted. List of Exhibits Exhibit A. Draft Text Amendment Exhibit B. DNR informal approval Exhibit C. Stormwater Quality Overlay District Map Exhibit D. Stormwater Quality Overlay District Tiers Code Exhibit E. Nonconforming Lot of Record Regs – City Code 78-72 and MN§ 462.357 Exhibit F. DNR Flexibility Approval History