04-21-2025 - Agenda Packet Planning Commission - Packet

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In Section 78-1281, the city restricts WOAS as follows: “The only water-oriented accessory structures allowed to be located nearer the ordinary high water level than the normal structure setback as specified in this article shall be: (1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; (2) One flagpole setback from side lot lines a distance no less than the required principal structure side yard setback for the zoning district; and (3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height.” The existing legal nonconforming structure can certainly remain, and it can be repaired or replaced under state law, but it cannot be expanded. The demolition and construction of new, more intensive, structures are no longer protected nonconformities and must comply with current zoning standards. Any new structure that does not meet normal setbacks must comply with the WOAS standards in Sec. 78- 1281 and any deviation to those standards must be evaluated against the WOAS standards and not the less restrictive standards for accessory structures in Sec. 78-1437. While the DNR’s standards for WOAS, contained in Minn. R. 6120.3300, Subp. 3.H, allow larger structures (up to 400 square feet), they prohibit water supply or sewage treatment facilities. Not only is the variance request to add plumbing fixtures an extreme deviation from the city’s code for water-oriented accessory structures, it is also an extreme deviation from the state rules. Evaluation Criteria and Approach The role of the Board of Adjustment (BOA) is to objectively evaluate whether the submitted facts meet the statutory criteria for approving a variance. Under Minn. Statute §462.357, variances can only be approved when they are in harmony with the general purposes and intent of the zoning code and when they are consistent with the comprehensive plan. Specifically, variances can only be granted when the applicant proves there are practical difficulties in complying with the zoning code. State law only allows variances if all three practical difficulties criteria are met: • There are unique circumstances to the property not created by the landowner. • The property owner proposes to use the property in a reasonable manner not permitted by the ordinance. • Granting the variance will not alter the essential character of the locality. If any of these criteria are not met, then the variance must be denied. State law also does not allow approving variances solely for financial reasons. The decision to approve or deny a variance requires a rational explanation, based on facts, not on proposed conditions of approval. Conditions may be considered, but only after a decision is made to approve. Additionally, opinions of support or opposition, without supporting evidence, from neighbors or the public are not facts and should not be considered. This property is in the shoreland of a public water, an area that the state has identified as a sensitive area where special laws are needed to protect scenic character; aquatic and riparian vegetation; habitat; and to reduce the flow of nutrients into surface waters preventing excessive algae and plant growth to maintain safe recreational opportunities. This context is critical for properly evaluating the facts against 127