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CITY STAFF RESPONSES TO DNR COMMENTS ON DRAFT SHORELAND <br />ORDINANCE (AS OF 4/11/2016) <br />COMMENT RESPONSE <br />DP1 Yes, the City’s Nonconformities chapter is compliant with State <br />rules. <br />JS2 Comment was implemented. <br />DP3 The definition has been revised to comply with the minimum <br />standard. <br />DP4 We included a definition for Toe of Bluff. <br />DP5 We included a definition for Top of Bluff. <br />DP6 We propose NOT to include decks as impervious surface. As a <br />matter of interpretation, if there is concrete under the footprint <br />of the deck it currently has been, and will continue to be <br />counted as impervious. <br />JS7 We revised the definition of Natural Environment lake to <br />conform to the definitions found at the link you provided in <br />your comment. <br />JS8 We included a definition of General Development lake but <br />removed the definition for Recreational Development lake <br />being New Brighton does have any of these lake types. <br />DP9 We left the language as is being we provided a definition of Top <br />of Bluff. <br />JS10 Comment was implemented. <br />JS11 Comment was implemented. City staff appreciates the <br />flexibility the DNR has offered concerning acceptance of the <br />reduced setback and SIZ for Jones and Poplar Lake as these <br />lakes are not conducive to Natural Environment-classified <br />standards. <br />JS12 Item 2A was deleted as no water-oriented structures will be <br />allowed. Existing ones will be grandfathered in. <br />JS13 Virtually all shoreland property has already been developed. <br />However, staff has included additional language that would <br />require 20,000 SF of land area for any new riparian lot created <br />within the shoreland. It’s worth noting the minimum lot area <br />for R-1 zoned property (most of the shoreland) is 10,000 SF <br />under the non-shoreland standards. As such, 20,000 SF would <br />be enforced for riparian lots. <br />JS14 Staff continues to propose 50%. While this may be double the <br />state shoreland standards, City staff believes a higher <br />percentage should be approved for New Brighton based on the <br />following: <br /> No new water-oriented structures are allowed or, in <br />other words, 0% hardcover from 0-50’. <br /> We’ve already agreed via this ordinance to double our <br />minimum lot area standard for riparian lots within the <br />shoreland (see response to comment JS13). <br /> Much of our existing Long Lake riparian lots already <br />have hardcover percentages in excess of 35%, some