07-20-2015 Planning Commission Packet

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Average Lakeshore Setback September 21,2011 Page 2 4) Average lakeshore setback is to be measured from the principal structure; attached decks more than 30"above grade with a guardrail will be considered principal structure. 5) Pools are considered a structure and must meet average lakeshore setbacks if they have a fence or not. The code was revised again in 1992 when the Shoreland �rdinance was adopted, reading as follows: 10.56, Subd 16(C)(6). Averase Lakeshore Setbac�k No pr�rtcipal or acce�sory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that thrs does not apply to stairways, lifts, landings, and lockboxes Further, the average lakeshore setback shall apply only ta classified lakes, and shall not rrpply to tributar�es. The average lakeshore setback line shall be a straight line connecting the most lakeward prohusions of the residence buildings on the inunediately adjacent lakeshore lots The impact af this revision was to codify the practice of defining the `average Iakeshore setback line' via a line rather than an average of two setback measurements. In 20U4, Section 10.56 Subd. 16(C)(6) was amended via Ord. No. 11; 3'� Series by addi.ng a clause that provided staff the ability to administratively approve an average setback encroachment when the average lakeshore setback can not be met. That amendment reads: a) In instances where the average lakeshore setback can not be met, administratfve approval may be granted at the discretion of the Planning Director provided no lake views oJ an adjacent lakeshore lot are obstructed and adJacent nefghbors p�ovide written �PProva� The words "can not be met"were/are critical to this language and were chosen purposely to limit tl�e administrative approval o�to those situations where the defined average setback line leaves a property without a functional buildable envelope. An example would be the last lot on a point such as Bracketts Point, where a line drawn between the two adjacent lakeshore homes would leave virtually no buildable area within the point lot. The administrative approval is not intended to give staff the discretion to grant approval merely upon a showing that a proposed encroachment will not impact a neighbor's views of the lake. Interpretations and Administration I believe the original intent of the average setback rule was to protect the lake views a lakeshore property owner enjoys over their neighbor's lakeshore yard, and avoid the "tunnel" effect of being set back further from the lake than one's neighbors. As in many of aur codes, the interpretation and administration of this code has necessarily evolved over time as new or unique situations arise. It should also be noted that the concept of average setback was not required by the DNR to be addressed in local5horeland ordinances.