2015.05.19 PC Minutes - Laserfiche WebLink

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Chairperson Howard inquired if the DNR would require the City to make changes. Molly explained that the DNR would review the ordinance and would offer their opinion. She explained that the DNR would not be enforcing the Shoreland Ordinance, but rather this would be left to the City. Further discussion ensued regarding the DNR review and comment process. Planning Director Gundlach stated the DNR's focus initially was more on outlying undeveloped communities rather than on fully developed suburban areas. She explained that she would be giving the DNR optimal time to review and respond to the Shoreland Ordinance before proposing the Planning Commission and City Council. take action. Commissioner Deick questioned if Belair Excavating would be impacted by the proposed Shoreland Ordinance. Planning Director Gundlach believed that Belair's request would be approved prior to the Shoreland Ordinance. She discussed several changes that Belair had made to its site plan, which would assist the site in meeting the City's setback requirements imposed via a Shoreland Ordinance. Further discussion ensued regarding a subdivision on Long Lake and DNR requirements. Commissioner Danger believed the DNR would be more concerned with what was happening with the shoreland than anything else. Commissioner Nichols - Matkaiti asked how staff defined the term structure within the ordinance. Planning Director Gundlach indicated that all definitions referred back to the City's Zoning Code. Commissioner Nichols- Matkaiti believed there needed to be further consideration on how to address play structures and fire pits. Molly stated the fire pit issue would fall under the impervious surface portion of the code. Commissioner Danger questioned if the Commission would be reviewing each section of the Ordinance. Planning Director Gundlach stated she would not be going through the Ordinance point -by- point, but welcomed comments or questions from the Commission on the entire ordinance. Commissioner Danger suggested that fencing language be further addressed and questioned why a six -foot privacy fence would be allowed. He discussed the fencing issue he had with his neighbor. Planning Director Gundlach reviewed the draft language noting that the Ordinance would allow a 3' /Z non - privacy fence at the water and in the front yard. She then reviewed the location on lots where a six -foot privacy fence could be located. She provided further comment on the average lakeshore setback requirements. She reiterated that no fences were allowed in the shore impact zone. Molly reported another alternative way to address fencing would be to create language that would allow one additional structure for lakeshore properties. Commissioner Danger did not believe it made sense to allow lakeshore lots to be fully fenced as this could adversely impact property values if lake views were lost due to six -foot high privacy fences. Commissioner McPherson understood there were privacy fences along the lake that were blocking views for homes. Chairperson Howard questioned how the Ordinance language would be altered to address Commissioner Danger's concern. Planning Director Gundlach stated an average lakeshore setback requirement would have to be considered for fence requests if there were concerns about view - sheds. She provided an example of how staff could determine the average lakeshore setback for lakeshore properties. Commissioner Danger and Chairperson Howard supported this concept for privacy fences. Commissioner McPherson stated that a homeowner would still have the right to plant trees along a property line and this too could block lake views. Commissioner Danger understood this to be the case but recommended the fencing issue be addressed within the Ordinance. Planning Director Gundlach stated she would be interested in hearing from the City Attorney on this issue as lakeshore owners, under existing and proposed ordinances, would be able to put up a garage in their backyard, but possibly not a privacy fence if language is added to address view - sheds. Planning Director Gundlach expressed concerns about treating fences differently than structures when their impacts on view -sheds were similar. 3