HomeMy WebLinkAboutCity Council Packet 04-08-2008 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, April 8, 2008
6:00 p.m.
Medicine Lake Room
1. Call to Order
2. Discuss lake setback ordinance
3. Set future Study Sessions
4. Adjourn
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: August 20, 2007
TO: Barbara Senness, Planning Manager
COPY: Steve Juetten, Community Development Director
FROM: Joshua Doty, Planner
C
7`
SUBJECT: Lake Setback Research
1. DESCRIPTION:
The City reviewed three planning applications in 2007 that neighboring property owners
objected to because their lake views would be impacted by a new home. This memo
describes Plymouth's current requirements regarding structure setbacks from lakes and
provides the practices in other suburban communities. The memo will also establish if
these communities have any requirements that regulate building construction to protect
lake views from existing buildings.
2. CITY OF PLYMOUTH LAKE SETBACK REQUIREMENTS:
The City's shoreland regulations establish.minimum setbacks from lakes and tributary
streams for all structures. The minimum setback requirements range from 50 feet to 150
feet depending on the classification of the lake and if the property is served with
municipal sewer and water or not.
In addition to the minimum setback requirements, the shoreland regulations also allow
buildings to be placed closer to the lake or stream if the adjacent buildings are set back
closer than the minimum setback requirements. The ordinance allows an average of the
neighboring buildings as shown below:
Page 1
In the example above, you can see that even though there is a minimum 100 -foot setback
requirement, the proposed home may be placed at the 50 -foot average setback of the
neighboring homes.
Below is a graphic example of the three Plymouth variances that neighboring property
owners objected to over the past year:,
100 -Foot
Existing .. _._ 4 Minimum
Home
Proposed Home Setback
Existing
Home
Home
Home
Proposed
Allowed 75 Feet
25 Feet 50 -Foot
100 -Foot
Average
LAKE
4 Minimum
In the example above, you can see that even though there is a minimum 100 -foot setback
requirement, the proposed home may be placed at the 50 -foot average setback of the
neighboring homes.
Below is a graphic example of the three Plymouth variances that neighboring property
owners objected to over the past year:,
In the example above, the proposed home is allowed to be placed closer to the lake than
the existing homes because the minimum 100 -foot setback requirement is met.
Page 2
Existing
Home Existing
Home
Proposed
Home
100 -Foot
4 Minimum
Setback
In the example above, the proposed home is allowed to be placed closer to the lake than
the existing homes because the minimum 100 -foot setback requirement is met.
Page 2
3. RESEARCH FINDINGS:
I contacted 10 cities (Maple Grove, Golden Valley, Edina, St. Louis Park, Minnetonka,
Eden Prairie, Bloomington, Shorewood, Channhasen, and Orono) to review how they
regulate lake setbacks. I found that all of the cities surveyed have minimum setback
requirements and nine of the 10 cities do not have any additional standards designed to
protect views.
One of the nine cities (Chanhassen) adopted an ordinance that required any new
construction to equal the average of the existing structures on each side for riparian lots.
100 -Foot
Minimum
Setback
In this example, you can see that the proposed home may not be placed at the 100 -foot
minimum setback requirement, but rather must be placed at the 150 -foot average setback.
After three years, the City of Chanhassen removed the averaging requirement from their
ordinance and minimum setback requirements were re-established. The City found that
the averaging requirement was very difficult to administer.
One of the other nine Cities (Eden Prairie) is currently reviewing their ordinance after
receiving my request for zoning information related to this topic. Their staff currently
has differing interpretations of their requirements. Eden Prairie has a similar
matching/averaging provision to what is in our ordinance, which allows homes to be
placed closer to the lake if the adjacent homes are located closer to the lake than the
minimum setback requirement (see attached ordinance). Eden Prairie staff has
interpreted that the ordinance requires that a home match the neighboring homes; even if
they are set back further than the minimum setback requirements. After reviewing their
ordinance, I did not find any language that requires a matching of neighboring setbacks.
Page 3
Existing
Proposed Home
Existing
Home
Home'
Required
150 -Foot 175 Feet
125 Feet Average
100 -Foot
Minimum
Setback
In this example, you can see that the proposed home may not be placed at the 100 -foot
minimum setback requirement, but rather must be placed at the 150 -foot average setback.
After three years, the City of Chanhassen removed the averaging requirement from their
ordinance and minimum setback requirements were re-established. The City found that
the averaging requirement was very difficult to administer.
One of the other nine Cities (Eden Prairie) is currently reviewing their ordinance after
receiving my request for zoning information related to this topic. Their staff currently
has differing interpretations of their requirements. Eden Prairie has a similar
matching/averaging provision to what is in our ordinance, which allows homes to be
placed closer to the lake if the adjacent homes are located closer to the lake than the
minimum setback requirement (see attached ordinance). Eden Prairie staff has
interpreted that the ordinance requires that a home match the neighboring homes; even if
they are set back further than the minimum setback requirements. After reviewing their
ordinance, I did not find any language that requires a matching of neighboring setbacks.
Page 3
The City of Orono is the one city surveyed that has requirements designed to protect
views. Their ordinance (see attached) requires that a home may not be located closer to
the lakeshore than the average setback of the existing homes on each side (see
Chanhassen example graphic above). The Orono ordinance also allows the Planning
Director to administratively approve variances to this provision, provided that no views
are obstructed with the new construction, and that the adjacent neighbors provide written
approval. The City of Orono indicated that they do not typically grant these types of
administrative variance approvals because in most instances, the average lakeshore
setback can be met on the property.
ATTACHMENTS:
1. Eden Prairie Zoning Requirements
2. Orono Zoning Requirements
Page 4
CITY OF EDEN PRAIRIE
ZONING REQUIREMENTS RELATED TO LAKE SETBACKS
Subd.10. Placement and Height of Structures.
A. Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures exist on
the adjoining lots on both sides of a proposed building site, structure setbacks may be
altered without a variance to conform to the adjoining setbacks from the ordinary high
water level, provided the proposed building site is not located in a shore impact zone or
in a bluff impact zone. Structures shall be located as follows:
1. 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.
2. Stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, so as to minimize the view £tom the surface of the
public water assuming summer, leaf -on conditions, whenever practical.
3. Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of Subd. 9B and 9C are complied with in
addition to the requirements as .contained in Minnesota Rules, Chapter 1340 a
copy of which is hereby adopted by reference and declared to be a part of this
ordinance.
B. Height of Structures.' All structures in residential districts, must not exceed 35 feet in
height.
Page 5
CITY OF ORONO
ZONING REQUIREMENTS RELATED TO LAKE SETBACKS
Sec. 78-1279. Placement of structures on lots.
When more than one setback applies to a site, structures and facilities must be located to
meet all setbacks. Structures shall be located as follows:
1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water
level:
TABLE INSET:
Setbacks (feet)
Setback
Setback from: in feet)
Sewage
Treatment
System
Public Water
Classification
Structure
Unsewered Sewered
NE 150 150 150
RD 100 75 75
GD 75 75 75
Tributary 100 75 75
2) Additional structure setbacks. The following additional structure setbacks apply,
regardless of the classification of the water body:
TABLE INSET:
Except for detached garages on lakeshore lots as regulated in section 78-1435 and
except for structures subject to less restrictive side yard adjacent to street setbacks as
regulated in the various zoning districts.
3) Bluff impact zones. Structures and accessory facilities, except stairways, landings
and lock boxes, must not be placed within bluff impact zones.
4) Uses without water -oriented needs. Uses without water -oriented needs must be
located on lots or parcels without public waters frontage, or, if located on lots or parcels
with public waters frontage, must either be set back double the normal ordinary high
water level setback or be substantially screened from view from the water by vegetation
or topography, assuming summer, leaf -on conditions.
5) Fences, docks, retaining walls. No fence shall be placed within the shore setback
zone. Portions of dock located landward of the OHWL shall be considered as a landing,
Page 6 4
Setback
Setback from: in feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state or county highway and local public and 30*
private roads
Except for detached garages on lakeshore lots as regulated in section 78-1435 and
except for structures subject to less restrictive side yard adjacent to street setbacks as
regulated in the various zoning districts.
3) Bluff impact zones. Structures and accessory facilities, except stairways, landings
and lock boxes, must not be placed within bluff impact zones.
4) Uses without water -oriented needs. Uses without water -oriented needs must be
located on lots or parcels without public waters frontage, or, if located on lots or parcels
with public waters frontage, must either be set back double the normal ordinary high
water level setback or be substantially screened from view from the water by vegetation
or topography, assuming summer, leaf -on conditions.
5) Fences, docks, retaining walls. No fence shall be placed within the shore setback
zone. Portions of dock located landward of the OHWL shall be considered as a landing,
Page 6 4
subject to the regulations for landings per section 78-1282. Retaining walls shall not be
placed within the shore setback zone.
6) Average lakeshore setback. No principal or accessory structure shall be located
closer to the lakeshore than the average distance from the shoreline of existing residence
buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and
lockboxes. 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 residence buildings on the immediately
adjacent lakeshore lots.
a. In instances where the average lakeshore setback can not be met, administrative
approval may be granted at the discretion of the planning director provided no lake views
of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written
approval.
Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-
24-2004)
Page 7
Agenda Number: 13 -
TO:. Mayor and City Council
FROM: Laurie Ahrens, City ManagerfiJ
SUBJECT: Set Future Study Sessions
DATE: April 1, 2008, for Council study session of April 8, 2008
1. ACTION REQUESTED: Review the pending study session topics list and set study
sessions or amend the topics list if desired.
2. BACKGROUND: Attached is the list of pending study session topics, as well as calendars
to assist in scheduling.
The City Council was provided background information related to County Road 47. The
County staff has requested a study session on this item. The Council can decide whether to
set this issue for study session, regular meeting agenda, or not schedule at this time.
Page 1
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Other requests for study session topics:
Update with the City Manager (summer 2008)
Three Rivers Park District Open Space (GB)
Water Conservation measures/tiered water rates (GB)
Consider County Road 47 turnback issues
Page 2
OFFICIAL CITY MEETINGS
April 2008
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
3 4
YARD AND GARDEN
EXPO, Plymouth Creek
Center 6:00-8:00 pm
Fieldhouse
S
YARD AND GARDEN
F CPO Pymouth Creek
Center 9:00 am -1:00
pm Fieldhouse
6 7
1:30 P.M. YOUTH
ADVISORY COUNCIL,
Parkers Lake Room
8
6:00 PM SPECIAL
COUNCIL MEETING,
Discuss Lake Setback
Ordinance, Medicine
Lake Room
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
9
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Medicine Lake
RoomsA 88
10
7:00 PM PARK & REC
ADVISORY .
COMMISSION (PRAC),
Council Chambers
11 12
13 14
6:30 P.M.HUMAN RIGHTS
AWARD CEREMONY
City Hap Lobby and Council
Chambers
15
5:30 PM SPECIAL
COUNCIL MEETING -
PLANNING COMMISSION
INTERVIEWS, DISCUSS
COUNCIL, UPDATE WITH
CITY MANAGER, Medicine
Lake Room
16
7:00 PM PLANNING
COMMISSION
MEETING, Council
17 18
FIR MAVERA
PLYMOUTH ARTS
COUNCIL SHOW,
Plymouth Creek Center
19
PRIMAVERA
PLYMOUTH ARTS
COUNCIL SHOW,
Plymouth Creek Center
7:00 PM BOARD OF
EQUALRATION
20
PRIMAVERA
PLYMOUTH ARTS
COUNCIL SHOW,
Plymouth Creek Center
21
PRIMAVERA
PLYMOUTH ARTS
COUNCIL SHOW,
Plymouth Creek Center
22
7:06 PM REGULAR i
COUNCIL MEETING,
Council Chambers
PRIMAVERA
PLYMOUTH ARTS
COUNCIL SNOW,
Plymouth Creek Center
23
7:00 PM PLYMOUTH
ADVISORYCOMMITTEEON
TRANSIT (PACT) ,
Medicine Lake Room A
24
7:00 PM HRA MEETING
Medicine Lake Room
25 26
9:00 AM -12:00 PM
PLYMOUTH CITY
SAMPLER, Plymouth
City Hall
27 28
6:30 P.M. YOUTH7:00
LEADERSHIP
CONFERENCE, Plyumouar
Creek Center
29
PM BOARD OF
EQUALIZATION
30
Mar 2008
S M T W T F S
May 2008
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OFFICIAL CITY MEETINGS
May 2008
Sunday Monday Tuesday I Wednesday Thursday Friday Saturday
1 2 3
Apr 2008 Jun 2008
S M T W T F S S M T W T F S
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7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
7:00 PM PARK & REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
11 12 13 14 15 16 17
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Medicine Lake
Rooms A & B
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7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
25 26 27 28 29 30 31
MEMORIAL DAY
Observed) - City
Offices Closed
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM PLYMOUTHADVISORY
COMMITTEE ON
TRANSIT(PACT),
Medicine Lake Room A
6:00 PM HRA MEETING
Medicine Lake Room
modified on 4/2/2008
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OFFICIAL CITY MEETINGS
June 2008
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
8 9 10 11 12 13 14
7:00 PM REGULAR
COUNCILMEETING,
Coundl Chambers
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EDC), Medicine Lake
Rooms A 8 B
7:00 PM PARK & REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
FLAG DAY
15 16 17 18 19 20 21
7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
22 23 24 25 26 27 28
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM PLYMOUTH
ADVISORYCOMMITTEEON
TRANSIT (PACT) ,
Medicine Lake Room A
7:00 PM HRA MEETING
Medicine Lake Room
MUSIC IN PLYMOUTH
8:00 am 5K Run
29 30
Jul 2008May2008
S M T W T F S S M T W T F S
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OFFICIAL CITY MEETINGS
July 2008
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
Jun 2008
S M T W T F S 7:00pMPLANNINGCOMMISSION
MEETING, Council
Chambers
INDEPENDENCE
DAY, City Offices
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8 9 10 11 12 13 14
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30
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Performance Ctr
6 7 8 9 10 11 12
1 7:00 PM REGULAR
COUNCILMEETING,
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Medicine Lake
Rooms A & B
7:00 PM PARK 8 REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
13 14 15 16 17 18 19
7:00 PM PLANNING
COMMISSION
MEETING, Council
Chambers
20 21 22 23 24 25 26
7:00 PM REGULAR
COUNCIL MEETING,
Council chambers
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT) ,
Medicine Lake Room A
7:00 PM HRA MEETING
Medicine Lake Room
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Aug 2008
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