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<br /> <br />4 <br /> <br />Commissioner Nichols-Matkaiti inquired if vehicle sales would occur at this site along with the financing. Ms. <br />Meyer explained this location would work with banks on financing issues. <br />Commissioner Deick asked if a dealer’s license was necessary. Ms. Meyer explained she already had a dealer’s <br />license for their current location. <br />Commissioner Deick questioned how often the vehicle had to be onsite for the vehicle sale to occur. Ms. Meyer <br />estimated this occurred half of the time during vehicle sales. <br />Chairperson Howard reported the number of parking spaces had been limited for this use. <br />Commissioner Deick inquired if the Special Use Permit followed the business owner or the land. Planning <br />Director Gundlach indicated the Special Use Permit would stay with the land. <br /> <br /> <br />Motion by Commissioner Nichols-Matkaiti, seconded by Commissioner Danger to close the Public <br />Hearing. <br /> <br />Approved 4-0. <br /> <br />Motion by Commissioner Danger, seconded by Commissioner Nichols-Matkaiti, to approve staff <br />recommendation. <br /> <br />Approved 4-0. <br /> <br />(B) The City of New Brighton requests consideration of a proposed Chapter 12 to the New Brighton <br />Zoning Code, creating a Shoreland Ordinance. <br /> <br />Planning Director Janice Gundlach reported The City is initiating adoption of a Shoreland Ordinance as a new <br />Article 1, Chapter 12 to the New Brighton Zoning Code. This ordinance would create a Shoreland Overlay <br />District for any property that lies within 1,000’ of the Ordinary High Water Level (OHWL) of a Minnesota <br />Department of Natural Resources (DNR) regulated lake (Long Lake, Pike Lake, Rush Lake, Poplar Lake, and <br />Jones Lake) and within 300’ of Rice Creek. The purpose of a Shoreland Ordinance, as provided under <br />Minnesota Statutes 103F.201, is to provide guidance for the wise development of shoreland of public waters <br />and thus preserve and enhance the quality of surface waters, to preserve the economic and natural <br />environmental values of shorelands, and to provide for the wise use of water and related land resources of the <br />state. <br /> <br />Planning Director Gundlach stated since 1990, all cities having shoreland within their corporate boundaries <br />have been required to adopt a DNR approved shoreland ordinance. These requirements are established under <br />Minnesota Statutes, Section 103F.221. To date, New Brighton has not adopted an ordinance. While the DNR <br />has not taken enforcement action against the City, that option is available under State law. Enforcement action <br />could entail the DNR adopting an ordinance on the City’s behalf if the City fails to enact an ordinance. A City <br />Attorney memo dated 7/18/2013 outlines this issue in more detail. <br /> <br />Planning Director Gundlach reported up until 2008, the Rice Creek Watershed District enforced a shoreland <br />rule. That shoreland rule was rescinded in 2008. During the City’s last update to our Surface Water <br />Management Plan (August 2012), the RCWD commented that the City must adopt a Shoreland Ordinance. <br />Also, since 2008 at least one lakeshore owner has requested a building permit to construct a building within 50’ <br />of a lake, which is prohibited under shoreland rules. Because of all of these reasons, the City is taking steps at <br />this time to adopt a DNR-approved Shoreland Ordinance to ensure the City is living up to its obligations under <br />State law. These details are explained further in the previously mentioned City Attorney memo dated 7/18/2013.