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10-22-1990 Council Packet
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10-22-1990 Council Packet
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The Sh'^reland Management Chapter and Appendix C has come under sharp attack in <br />the past months. A vocal minority of the cities oppose the Chapter, primarily <br />because they perceive that adoption of this chapter and appendix will limit <br />their future options to redevelop their communities. But those argunents are <br />counter to policy set by the State Legislature, rules as implemented by the DNR, <br />and demonstrably detrimental to the water quality of Lake Minnetonka. <br />The Shoreland Management Chapter and Appendix C need to be adopted with only <br />minor change for three reasons: <br />1. Without it, there are no effective environmental controls for the <br />lake; water quality will seriously degrade over the coming years. <br />2. Without it, the cities will be subject to the same regulations because <br />the DNR will enforce its program; we have made only minor changes in <br />the DNR program. <br />3. Without it, the LMCD will suffer serious loss of credibility with other <br />cities supporting the plan, and the other managing agencies. <br />If the shoreland management chapter is not adopted, we will have to completely <br />rework the Environmental Quality Chapter, seeking other means of protecting the <br />lakeshore. Environmental protection of the lake is totally dependent upon <br />restrictions on redevelopment within 1,000 feet of the shoreline. <br />Wayzata has taken the lead arguing that our rules are too inflexible. But in <br />fact, our suggest standards and criteria to be used as a guide for developing <br />local shoreland ordinances offer more flexibility than the DNR existing rules <br />and regulations. The DNR has indicated in meetings that they will accept the <br />less restrictive elements of our program as contained in Appendix C. <br />The October 12 outline distributed by Wayzata repetitively argues that our <br />chapter (and the DNR's rules) "do not give sufficient attention to the existing <br />development patterns, cr the future land use objectives of the individual <br />lakeshore communities." (This same point is reiterated on pages 1, 4, 5, 6, 7, <br />and 9). But the LMCD Board should give serious consideration to rejecting that <br />argument. If the State Legislature and the DNR believed that existing <br />development patterns or future land use objectives posed no threats to state <br />lakes, there would be no legislatively mandated Shoreland Management Program. <br />It simply would not be needed. But the State Legislature has mandated that <br />lakeside cities cannot continue development without regard to the adverse <br />effects to the lakes. <br />Under our Shoreland Management Chapter and Appendix. Wayzata and Spring Park can <br />continue to redevelop their downtown areas, maintain their present character, <br />and continue traditional uses within the shorelands. Outside of the shorelands, <br />Wayrata can redevelop and expand without these restrictions. But within 1,000 <br />feet of the lake, Wayzata will be precluded from redevelopment inconsistent with <br />the DNR regulations, whether or not the LMCD Board adopts this chapter. <br />Various cities, especially Spring Park, have suggested various changes in <br />wording and Intent. We have accommodated most of those to assure reasonable <br />flexibility, without allowing unrestrained development that will unquestionably <br />degrade the water quality of the lake. The Cliapter before the Board on <br />Wednesday is significantly Improved, less restrictive and more flexible than the <br />Public Review Draft issued in April. But it still achieves the reasonable <br />environmental protection goals. <br />RECEIVtU <br />OCT 22 1990 <br />L.M.C.D. <br />David J. Arndorfer
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