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Of primary concern is this land has never been zoned or guided for any type of land use. <br />Rather, all zoning maps depict this land as right-of-way, just like any other public right- <br />of-way in the City (see attached zoning map). This creates a unique situation where <br />Belair is seeking to develop un-zoned land and staff is left to make assumptions about <br />what might be required absent actual zoning. Belair has already cleared vegetation from <br />certain areas and is working with the Rice Creek Watershed District and Minnesota <br />Pollution Control Agency (staff understands there is buried construction debris at depth) <br />on grading the land and preparing it for expansion of their current, adjacent operations at <br />2200 Old Highway 8 NW. <br /> <br />Due to the lack of any zoning designation, staff has been in contact with the City <br />Attorney about how to handle the requests by Belair Excavating. It would seem, at a <br />minimum, the land would need to be zoned, and then Belair could apply for the <br />appropriate land use approvals (such as Special Use Permits). Rather than waiting for <br />Belair to submit application for land use approval, at the City Attorney’s suggestion, it <br />was deemed appropriate to adopt a moratorium allowing the City to take a more proactive <br />approach. The moratorium allows the City to initiate a study to determine how best to <br />zone the land in question to ensure land use compatibility with surrounding land uses. <br />The moratorium prevents anyone from making land use application to develop the land <br />until the City has concluded study of how it should be zoned and completed the necessary <br />zoning and guide plan changes. On January 28, 2014, the City Council adopted <br />Ordinance No. 820 enacting a six month moratorium. Over the next month, staff will <br />work with the City Attorney to strategize a path forward, which would be presented to the <br />Planning Commission in March for discussion at a work session. Representatives of <br />Belair Excavating are expected to attend these meetings to ensure a cooperative effort to <br />reach resolution. <br /> <br />Shoreland Ordinance <br /> <br />Back in July of 2013 City staff was presented with a situation where an inquiry was made <br />by a prospective buyer of a lakeshore home regarding shoreland setback requirements <br />(primarily structure setbacks from Long Lake). This particular buyer was inquiring about <br />whether something could be built within 50’ of Long Lake. In past years, a 50’ lake <br />setback was enforced by the Rice Creek Watershed District’s Rule H, Shoreland <br />Development. However, RCWD rescinded those rules in 2008. Because the City has <br />never adopted a Shoreland Ordinance, from a practical standpoint the City could not deny <br />a building permit request to build a structure within 50’ of a lake. The particular request <br />mentioned here went away as the buyer proceeded with an addition meeting a 50’ lake <br />setback. <br /> <br />Since 1990, all cities having shoreland are legally obligated to adopt DNR approved <br />Shoreland Ordinances. For whatever reasons, New Brighton has not done this. After <br />City staff made inquiries to DNR staff about the effect of not having a Shoreland <br />Ordinance, staff learned that New Brighton (and many other more urban communities) <br />was not a priority community and the DNR simply never has allocated resources to take <br />enforcement action, even though such enforcement action is allowed under Minnesota