06-10-2024 CC Agenda Packet - work session

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Date: June 10, 2024 Item: 1 Presenter: Laura Oakden, Community Development Director Section: Work Session Item Title: Driveway Width and Average Lakeshore Setback Part 4 Discussions 1.Purpose: The Council should review the provided information and give direction to Staff for next steps. 2.Background: Average lakeshore setback (ALS) regulations have been discussed during recent council work sessions. Additionally, a variance request regarding driveway width within the shore/tributary setback was recently approved that brought up questions about driveway accessibility. Staff was directed to evaluate the current regulations. As a result, staff has the following topics to discuss: a. (City Code Section 78-1282) Within the lake/tributary setback (commonly 75 feet from the OHWLE) an 8 foot driveway is allowed if no other access existing. b. (City Code Section 78-1279) The ALS is applied to views of the lake across neighboring property lines. The city also implements a minimum lake setback that is measured from the Ordinary High Water Line (OHWL). The lake setback for Lake Minnetonka is 75 feet from the OHWL. Both the lakeshore setbacks and the ALS apply to lakeshore properties. The more restrictive setback is applied to a subject parcel. City Code Section 78-1282. - Driveways, stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. City Code Section 78-1279 (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. 3.Staff Recommendation: Staff will present analysis and recommendations of the subject City Code regulations. AGENDA ITEM 2