04-18-2016 Planning Commission Packet

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PC Exhibit E MEMORANDUM � To: Mayor& Council From: Mike Gaffron, Asst. City Administrator Date: September 21,2012 Subject: Additional revision to Hardcover Ordinance In attempting to prepare a summary of the impacts of the new ordinance to assist the public as we begin its implementation, Melanie and I have found that one additional item of clarification should be added to the ordinance. This was discovered after the packets were put together for Monday's meeting. With regard to the long-standing allowance for stairways, lifts, landing, lockboxes and driveways in the 0-75' protected area as established in the Shoreland ordinance (Section 78-1282), past practice has been to not debit a property's hardcover allowance by the square footage of these allowed items of hardcover. We have essentially treated them as non-hardcover for calculation purposes, as they have been allowed in the 0-75' without variance approval, as long as they meet the standards of Section 78-1282. This was never clearly stated in the code, and given the credit for the 0-75' zone under the new ordinance,this should be clarified now to avoid future confusion. It would seem appropriate to formalize this practice by adding item (6) to the list of Standard Hardcover Exclusions in Section 78-1684 of the hardcover ordinance, as follows: (6) Stairwavs, lifts, landin�s, lockboxes and driveways when in compliance with the provisions of Section 78-1282 of this Chapter. Alternatively, if Council concludes that these hardcover items should be included in hardcover calculations, then adoption of the ordinance without adding this exclusion would be appropriate. For reference, here is Section 78-1282 of the Shoreland regulations: Sec. 78-1282. - Driveways, stairways, liffs 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. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stainrvays, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions,whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Ord.No. 101 2nd senes,§1(10.56(16)(F)), 2-241992;Ord. No.59 3rd senes, §2,5-11-2009)