2001-06-21 EC Agenda Pktnr;FNnn
Revised June 21, 2001
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, June 25, 2001
7:00 P.M.
Call to Order
II. Approval of Minutes — April 23, 2001
III. Resignation of Nancy Burke
IV. Phosphorus Video Success
V. City Open House — June 27, 2001
VI. Storm Drain Stenciling Projects
VII. Shoreland Ordinance
VIII. Other Business
IX. Adjourn
*Commission viewing of Hidden Lakes video scheduled for July 23, 2001
meeting.
GAEnvironmental Commission\Agendas\062501rev.doc
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
April 23, 2001
Present: Richard Baker, Alicia Brown, David Fellman, Sue Hess, Dawn Hill,
City Staff: Al Lundstrom, Environmental Coordinator; Jeff Oliver, City Engineer;
Tracy Pharr, Administrative Secretary
Absent: Nancy Burke, Alan Kuentz
I. Call to Order
Meeting called to order at 7:10 p.m.
II. Approval of Minutes — March 26, 2001
No changes.
MOTION: Moved by Fellman, seconded by Brown, approve the minutes of the
March 26, 2001 meeting as submitted. Hess abstained.
III. General Mills EAW:
Hill introduced General Mills EAW.
Fellman had question on scope on Page 2-15, Item 5. He stated the project location
was unclear. Questioned whether the location includes the area that was covered in the
previous EAW. Oliver stated 613 gives a description of the project site. Fellman felt this
would be part of the property as a connected action if the site were developed. Oliver
stated there was no proposal, and nothing on that site is included in this EAW.
Hill asked for comments on Page 3. Fellman asked to come back to General Mills'
projection of 1700 employees further in the EAW. Members moved on to Page 4. Hill
questioned staff on Item 8, Tree Preservation Plan, Drainage and Grading. Oliver
stated General Mills has not applied for this permit yet, but this is required with the final
development proposal. When General Mills makes a submittal for planning review,
these are included in the submittal.
Fellman stated he has great concerns about the School District Tax Abatement. Oliver
stated this is an approval General Mills needs to acquire. This is an issue for the
School Board to address.
Brown stated she would like to address the Grading and Drainage Plan with BCWMC
later in the EAW. No further comments on Page 4.
Page 5 — Hill questioned second paragraph of Number 11. She questioned the
discrepancy between two acres and the afore -mentioned one wooded acre disturbed.
Brown questioned if this accounted for replanting. Oliver stated Hill should note this in
the comments, requesting clarification.
Fellman asked about the Blandings turtle in this area, regarding endangered species.
Oliver stated he thought this had been worked through this with the DNR.
Page 6 — Fellman had question about the once -through cooling. He would like
clarification on the term, "may be formally abandoned." He wondered why it would not
be abandoned. Oliver said portions of the wells are proposed for domestic use, i.e.,
drinking water, consumption, irrigation, etc. Oliver stated that if General Mills opts to
vacate any of the wells, they would have to follow Department of Health regulations.
Page 7 — Brown asked for clarification of the floodplain and excavation information north
of Bassett Creek. Oliver stated that work in a floodplain requires 1:1 mitigation for fill
placed.
Brown asked if General Mills could clarify their statement of the property north of
Bassett Creek. Fellman concurred. Oliver added a correction to Item 14. The Bassett
Creek Water Management Commission commented on the EAW at their meeting last
Thursday. Part of their comments was that the flood level would be 888.5 on the
revised flood maps currently being processed.
Hill questioned Item 16 on Page 7. She thought there was a discrepancy between the
stated 30 acres and the 8.4 acres referred to earlier. Oliver stated the 30 acres was to
be disturbed (graded). Lundstrom stated even if they were replacing parking lot with
parking lot it is being disturbed.
Page 8 — Hill mentioned this page indicates 40 acres will be disturbed. Oliver said to
point this out and ask this be addressed. Oliver pointed out that in the first bullet,
General Mills would be sizing their wet detention basins for a 2 -inch rainfall, which is
over the 1 '/2 -inch standards set.
Page 9 — Hill questioned Item 18 as to verification of sewer availability. Oliver stated
that adequate sanitary sewer capacity exists to serve the proposed development.
Hess excused herself due to illness at 7:55 pm.
Page 10 — Hill commented on traffic; 1750 parking spaces for 1700 employees. Baker
commented that the four-story structure should be a good thing based on minimizing
impervious surfaces. Hill concurred. She feels the extra spots are unnecessary, and
street parking could be better utilized. Fellman questioned when employees were
coming to work if not at peak time. Oliver stated that General Mills has indicated that
work hours do vary at this site. Hill asked about bus usage. Fellman did not
understand the traffic generation numbers given during peak hours. Oliver stated
manual counts had been done for models of distribution of employees, and that use of
peak hour traffic is the industry standard.
Pages 11 and 12 — No comments.
Page 13 — Hill brought up Item Number 25 regarding "other unique resources." She
feels that Bassett Creek itself is a unique resource. Fellman agreed. Hill asked about
the estimated total peak energy use. Fellman stated this was a pretty routine permit.
He said the Commission could encourage General Mills to use innovative energy
sources as to minimize energy use as much as possible.
No comments on Page 14.
Page 15 — Hill asked why the Mayor signs the EAW. Oliver said this was an
acknowledgement, as the City is the Regional Government Unit (RGU). Brown asked
about addressing floodplain mitigation for Item 32. Oliver said the excavation could
actually be a good thing as wetlands could be created.
Hill summarized the Commission's comments and questions for the EAW.
IV. Commission Review of CIP:
Oliver stated that the CIP had already been approved for this 5 -year plan. Sheets
pertaining to nature areas were included in an information packet distributed by staff.
The Environmental Commission will be included in the review cycle in future years.
Lundstrom stated that the Natural Resource Inventory Management Plan was not
included. Hill asked if staff had discussed the Environmental Commission's request to
be a part of the process in deciding how a nature area should be defined (as differs
from Park & Open Space). Oliver stated this would be an appropriate topic for a joint
meeting with Park & Open Space, rather than for staff to make the decision on how the
Commission manages these issues.
MOVED by Fellman, seconded by Baker, with motion for the Chairperson to
request a joint meeting with Park & Open Space Commission to discuss roles of
both Commissions. The motion carried unanimously.
V. Hidden Lakes EAW and PUD Amendment Update:
Baker stated he was not prepared to give a report, but stated for the record he did not
receive Mark Grimes memo to William Joynes in a timely fashion. Hill passed out
copies of her memo to the Mayor asking the Commission be allowed to address City
Council. Baker suggested to Hill that the Commission should get a copy of the
videotape for review.
Baker suggested a motion for further discussion after learning more about the
relationship of projects in general to EAWs, and how mutable EAWs are and when they
can be reopened. Hill asked what was on the next agenda, or if the tape could be
reviewed at the next meeting. Oliver stated the information on the Shore land
Ordinance and the DNR model would be forwarded to the members for the next
meeting. Hill felt there would be room for this as a future agenda item.
VI. Other Business
Items of Other Business:
Reminder that the next meeting would be on May 21, 2001 in the staff
lunchroom.
Fellman asked if the Commission had considered alternatives to the paper
transmissions of minutes and agenda, i.e., e-mail, etc. Hill answered she
recycles her packet envelope. Baker stated the paper savings would not be
effective, as the e-mail would end up being printed.
Fellman provided photographs of the entrance to Hidden Lakes. Discussed an
unprotected pipe in a culvert. Hill stated this was not an environmental concern.
Fellman felt it would be a concern as the culvert is in a public park. Hill
recommended he contact Park & Recreation.
No additional business was addressed.
VII. Adjourn
The May 21, 2001 meeting has been cancelled. The next scheduled meeting will be on
June 25, 2001 at 7:00 p.m.
The meeting was adjourned at 9:10 p.m.
Respectfully submitted,
Tracy harr
Administrative Secretary
Department of Public Works
ENVIRONMENTAL COMMISSION
ATTENDANCE SHEET
APRIL 23, 2001
j �% I -7,r- 1! / 141 1
Cli
o
Golden Valley
Date: June 20, 2001
I►4 =01 TMILS
Public Works
763-593-8030 / 763-593-3988 (fax)
To: Environmental Commission
From: Jeff Oliver, City Engineer
Al Lundstrom, Environmen al Coordinator
Subject: June 25, 2001 Environmental Commission Meeting
Enclosed is the agenda for the June 25, 2001 City of Golden Valley Environmental
Commission meeting. This meeting is scheduled for 7:00 p.m. in the City Council
Conference Room in City Hall.
Also enclosed with this letter and agenda are a copy of Nancy Quattlebaum Burke's
resignation letter and the City Council's acceptance letter for said resignation. This is
noted as Agenda Item III.
You will recall that a copy of the Shoreland Ordinance and minutes from the April 23,
2001 meeting were attached to your agenda packets sent for the canceled May
meeting. Please review this information and bring these items with you for discussion.
GAEnvironmental Commission\Memos\June20MtgMemo.doc
Golden Val1ev
Date: May 16, 2001
To: Environmental Commission
#1 T 1,110
Public Works
763-593-8030 / 763-593-3988 (fax)
From: Jeff Oliver, City Engineer
Al Lundstrom, Environmental Coordinator L
�e
Subject: May 21, 2001 Environmental Commission Meeting
The May 21, 2001 Environmental Commission meeting has been cancelled.
Enclosed within your packet you will find Golden Valley's existing Shoreland Management
Ordinance and the Department of Natural Resources model shoreland management
ordinance that has not been adopted by the City. Please review these documents, and be
prepared for discussion at the June meeting.
It is also anticipated there will be several other items for the June meeting.
G1Environmental CommissionWemosWay01 MtgPostpone.doc
® 3400 CITY CENTER CONSULTING OFFICE, BEIJING CHINA
33 SouTH SIXTH STREET
®MINNEAPOLIS, MN 55402-3796
612 343-2800
FAx: 612 333-0066
WEB SITE: www.gpmlaw.com
Nancy Quattlebaum Burke
612 343-2966
nancy.burke@gpmlaw.com
May 31, 2001
Mayor Mary Anderson
'.c11
ity C: 'Uuluel V dIley
City Hall
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re: Golden Valley Environmental Commission
Dear Mayor Anderson:
It is with sincerest regret that I forward this correspondence to you to tender my
resignation from the Golden Valley Environmental Commission. I have certainly
enjoyed serving on the Commission and valued the contributions of all the members of
the Commission.
Thank you for your consideration and support regarding my decision. I hope that
at some point in the future, I may enjoy the opportunity to serve again.
GP:799324 v]
Very truly yours,
U`7 &''`-
Nancy Quattlebaum Burke
GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. ATTORNEYS AT LAW
www. ci.golden-valley. ),nn. its
City Hall
7800 Golden Valley Road June 6 2001
Golden Valley, MN 55427-4588
763-593-8000
763-593-8109 (fix)
763-593-3968 (TDD)
Mayor and Council Ms. Nancy Quattlebaum Burke
763-593-1006 1617 Spring Valley Road
City Manager Golden Valley, Minnesota 55422
763-593-8002 Dear Nancy:
Public Safety
Police: 763-593-8079 The Council and I regretfully accept your resignation from the
Fire: 763-593-8055 Environmental Commission. We appreciate your civic contribution and
763-593-8098 (fax) the time you have spent on the Commission. The involvement of
;Works citizens in our governing process is an important element in the quality
763-593-8030 of life in Golden Valley. Thank you for your service!
763-593-3988 (fax)
Inspections Sincerely,
763-593-8090
763-593-3997 (fax)
Motor Vehicle Licensing
763-593-8101 Mary E. Anderson
Planning and Zoning Mayor
763-593-8095
Finance
763-593-8013
Assessing
763-593-8020
Park and Recreation
200 Bmolcview Parkway
Golden Valley, MN 55426-1364
763-512-2345 `. /" 2`u ►Cw ,T,C�ZZL ?i L G2�"/
763-512-2344 (fax)
763-593-3968 (TDD)
G
galley
Date: April 30, 2001
• • 1
Environmental Commission
To: Jeannine Clancy, Director of Public Works
City of Golden Valley
From: Environmental Commission, City of Golden Valley
Dawn L. Hill, Chairperson I wv / #1�1
Subject: Environmental Assessment Worksheet for
General Mills, Inc. Office Expansion
Introduction
At a meeting of the Golden Valley Environmental Commission on April 23, 2001, the five
Commissioners in attendance elected to comment on the General Mills, Inc. Office Expansion
Environmental Assessment Worksheet ("EAW"). The following comments and questions reflect the
consensus of the Commission members as to areas in which we have questions or upon which we
would like further information. The comments are referenced, where possible, with the particular item
number in the EAW where the topic first appeared.
Comments
Item 11.a.
The second paragraph states, "Approximately two acres of this wooded area will be disturbed..." Item
10 preceding this section indicates that only one acre of wooded/forest would be lost. The amounts
appear to be inconsistent. If the intent is to replant one acre of the wooded area, that should be made
clear.
Item 13, second paragraph.
This paragraph says that the wells "...may be formally abandoned." Clearer descriptions of the
specific plans for the wells are needed.
Memo to Jeannine Clancy
April 30, 2001
Paae 2 of 2
Item 14.
Clarify the precise area of the potential filling of the 5000 cubic yards of the regulated flood plain.
Does the area north of Bassett Creek need to be included in the scope of this EAW due to its
proposed use as flood plain mitigation?
Item 17, first paragraph.
This paragraph states, "...approximately 40 acres will be disturbed for construction of the Project."
Item 16 preceding this section states that 30 acres will be graded. The amounts appear to be
inconsistent. Please clarify.
Item 21.
General Mills should make every attempt to encourage mass transit and staggered work hours to
mitigate peak traffic periods.
Item 25.
The Commission feels that Bassett Creek qualifies as an "Other unique resource." As such, the "Yes"
category should be marked.
Summary — Items 30 and 31.
General Mills has the opportunity to demonstrate its stewardship of environmental resources with this
construction project. The Commission encourages General Mills to use maximum energy efficiency
when designing lighting, heating, and other uses of resources.
If mitigation is to be done north of Betty Crocker Drive, this offers the opportunity to make some
positive changes in the Bassett Creek area. Restoring the Creek's meander, restoring wetlands, and
perhaps recreating habitat for threatened species like the Blanding's turtle are all possible positive
outcomes that could do more than merely satisfy the mitigation requirement.
There's A Fish On Your Street
GoldenValley
ENVIRONMENTAL
RESOURCES
Surface Water
Management Program
Puu.,c Works Department
7800 Golden Valley Road
Golden Valley, MN 55427
763-593-8030
STORM DRAINS
'o help Golden Valley with its storm water awareness program, volunteers from the
Cub Scout Pack #350
re stenciling the storm drains in your neighborhood. A fish symbol with a "Dump No Waste"
iessage will be stenciled next to the storm drain in your street that drains to either a neighborhood
ond, lake, or directly to Bassett Creek.
Stenciling Storm Drains?
3olden Valley's storm drains carry storm water that eventually gets to Bassett Creek. Depending
ipon where you live, this water may also flow through a pond, wetland, or lake first. Your city
treet is really like a waterfront property, and everything rinsing off your roof, yard, and driveway
an eventually get to Bassett Creek through the City's storm water system under the streets. This
vater is not treated before discharging in Golden Valley's water resources.
Qany people are unaware of this important fact. Each year people dump thousands of gallons of
ised oil, antifreeze, and other wastes into storm drains. Stenciling can help remind citizens to help
)rotect the water resources within their community and far beyond.
The Pollution Come From?
comes from all of us! Rainwater runoff picks up street litter, yard waste, excess lawn fertilizers
nd pesticides, residue from oil leaks and gas on streets and parking lots, and sediment from
onstruction sites.
3oTo Help?
L's simple! Dump nothing down the storm drain you wouldn't swim in or drink.
A Use less and (non -phosphorous) fertilizer on your lawn.
O Avoid pesticides, or use only if necessary.
O Recycle used oil.
O Pick up pet wastes.
0 Compost garden trimmings.
O Don't litter.
0 Bring leftover paints and pesticides to the Hennepin County Citizen Drop Off Center (612-
348-6509).
Q For more questions about Golden Valley's storm water management plan or recycling, please
call 763-593-8030.
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www. ci.golden-valley. mn. us
May 15, 2001
City Hall
7800 Golden Valley Road
Golden Valley, MN 55427-4588 Cit of Golden Valle
763-593-8000 y y
763-593-8109 (fax) Environmental Commission
763-593-3968 (TDD)
Inspections Eighth graders from King of Grace Lutheran School and Cub Scout Pack
763-593-8090 #350 are currently working in neighborhoods that have been recently
763-593-3997 (fax)
reconstructed.
Motor Vehicle Licensing
763-593-8101 Please contact me if you have any further questions regarding the
Planning and Zoning
Subject: Golden Valley's Storm Drain Stenciling Program
Mayor and Council
763-593-8006
Dear Commission Members:
City Manager
763-593-8002
Please find enclosed copies of the education materials that have been
Public safety
distributed to the volunteer groups assisting Golden Valley with its Storm
Police: 763-593-8079
Drain Stenciling Program.
Fire: 763-593-8055
Environmental Coordinator
766-593-8098 (fax)
Each group has received a storm drain stenciling kit. Each kit includes
200 Brookview Parkway
how-to instructions, maps, safety vests, paint, stencils, cleaning supplies
W°`0
59
and a letter from the Director of Public Works providing authorization to
763-59 3-8030
763593-3988 (fax)
paint on public streets.
Inspections Eighth graders from King of Grace Lutheran School and Cub Scout Pack
763-593-8090 #350 are currently working in neighborhoods that have been recently
763-593-3997 (fax)
reconstructed.
Motor Vehicle Licensing
763-593-8101 Please contact me if you have any further questions regarding the
Planning and Zoning
program.
763-593-8095
Sincerely,
Finance
763-593-8013
Assessing
Al Lundstrom
763-593-8020
Environmental Coordinator
Park and Recreation
200 Brookview Parkway
Enclosure
Golden Valley, MN 55426-1364
763-512-2345
763-5-12-2344 (fax)
C: Jeannine Clancy, Director of Public Works
763-593-3968 (TDD)
G:\Environmental Commission\Letters\Stenciling Program.doc
How To Stencil
STORM DRAINS
Checklist
C] Stomp drain stencils
Q Door flyers
17 Map of stenciling area
Q Traffic zone latex spray paint
D Whisk broom to clean gutter before painting
D Traffic safety vests
0 Garbage bags (for wet stencils and litter)
O Cardboard for overspray
Q Cleanup rags
Stenciling Instructions
Choose a dry, sunny day. Pavement should be dry and warm. Avoid windy days, as spray
paint can drift onto nearby cars.
1. Use whisk broom to sweep dirt away from drain so paint will stay on the pavement.
2. Position stencil on street in front of (not over) the storm drain inlet where message will
be most visible.
3• Consider using a large piece of cardboard as a shield from drifting paint overspray
(especWly near parked cars).
4. Spray paint the message, taking care the paint doesn't go down the drain. Two light
coats are better than a thick single coat that puddles around the letters.
GoldenValley5. While some team members are stenciling, have others visit with local residents or
businesses to hand out fact sheets explaining where the storm drains go, plus local tips
ENVIRONMENTAL on how to prevent polluting the neighborhood pond, creek, or lake.
RESOURCES
6. Clean up. Place stencils in garbage bag for transportation. When completed please
Surface Water remove stencil from bag and lay flat to dry for a few days. Paint will then flake or peel
Management Program off for disposal.
Public Works Department
7800 Golden VWey Road
Golden Valley, MN 55427
763-593-8030
There's A Fish On Your Street
Golden Val
le
ENVIRONMENTAL
RESOURCES
Surface Water
Management Program
Public Works Department
7800 Golden Valley Road
Golden Valley, MN 55427
763-593-8030
STORM DRAINS
o help Golden Valley with its storm water awareness program, volunteers from the
King of Grace Lutheran School Eighth Grade
re stenciling the storm drains in your neighborhood. A fish symbol with a "Dump No Waste"
iessage will be stenciled next to the storm drain in your street that drains to either a neighborhood
ond, lake, or directly to Bassett Creek.
Stenciling Storm Drains?
;olden Valley's storm drains carry storm water that eventually gets to Bassett Creek. Depending
ipon where you live, this water may also flow through a pond, wetland, or lake first. Your city
treet is really like a waterfront property, and everything rinsing off your roof, yard, and driveway
an eventually get to Bassett Creek through the City's storm mater system under the streets. This
eater is not treated before discharging in Golden Valley's water resources.
4any people are unaware of this important fact. Each year people dump thousands of gallons of
ised oil, antifreeze, and other wastes into storm drains. Stenciling can help remind citizens to help
protect the water resources within their community and far beyond.
The Pollution Come From?
comes from all of us! Rainwater runoff picks up street litter, yard waste, excess lawn fertilizers
nd pesticides, residue from oil leaks and gas on streets and parking lots, and sediment from
Dnstruction sites.
)o To Help?
's simple! Dump nothing down the storm drain you wouldn't swim in or drink.
J Use less and (non -phosphorous) fertilizer on your lawn.
O Avoid pesticides, or use only if necessary.
• Recycle used oil.
0 Pick up pet wastes.
Q Compost garden trimmings.
O Don't litter.
0 Bring leftover paints and pesticides to the Hennepin County Citizen Drop Off Center (612-
348-6509).
Q For more questions about Golden Valley's storm water management plan or recycling, please
call 763-593-8030.
11ey
www. cz.gotaen-valley. mn. us
� May 7, 2001
City Hall
7800 Golden Valley Road Miss Polly Browne
Golden Valley, MN 55427-4588 King of Grace Lutheran 8th Graders
763-593-8000
763-593-8109 (fax)
763-593-3968 (TDD)
Subject: Storm Drain Stenciling Authorization
Mayor and Council
763-593-8006
Park and Recreation
200 Brook -view Parkway
Golden Valley, MN 55426-1364
"763-512-2345
763-512-2344 (fax)
763-593-3968 (TDD)
\\GV_FS1\SYS\GROUPS\ENG\Environmental\Education\Stenciling Authorization.doc
Dear Miss Browne:
City Manager
763-593-8002
The City of Golden Valley would like to thank you and your group for
Public Safety
volunteering to help educate residents about the importance of storm
Police: 763-593-8079
water quality. `
Fire: 763-593-8055
763-593-8098 (fax)
King of Grace Lutheran 8th Graders are hereby authorized to perform
.c Works
storm drain stenciling efforts on public streets identified on the map on the
763-593-8030
back of this letter.
- 763-593-3988 (fax)
Inspections
763-593-8090
Sincerely,
763-593-3997 (fax)
Motor Vehicle Licensing
• 763-593-8101
J annine Clancy
Planning and Zoning
Director of Public Works
763-593-8095
Enclosure
Finance
763-593-8013
C: Al Lundstrom, Environmental Coordinator
Assessing
763-593-8020
Park and Recreation
200 Brook -view Parkway
Golden Valley, MN 55426-1364
"763-512-2345
763-512-2344 (fax)
763-593-3968 (TDD)
\\GV_FS1\SYS\GROUPS\ENG\Environmental\Education\Stenciling Authorization.doc
�2J�Cy
i�/,Wgr- favr ow.
§ 11.65
SECTION 11.65. SHORELAND MANAGEMENT.
Subdivision 1. Statutory Authorization. This Section is adopted pursuant
to the authorization contained in the Laws of Minnesota 1973, Chapter 379, and in
furtherance of the policies declared in Minnesota Statutes 1976, Chapters 105, 115, 116
and 462.
Subdivision 2. Policy. The Legislature of Minnesota has delegated
responsibility to the municipalities of the State to regulate the subdivision, use and
development of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, preserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related land resources. The
responsibility is hereby recognized by the City of Golden Valley.
Subdivision 3. Definitions. The following terms, as used in this Section,
shall have the meanings stated:
1. "Boathouse" means a structure used solely for the storage of boats
or boating equipment.
2. "Building Line" means that line measured across the width of the lot
at the point where the principal structure is placed in accordance with setback provisions.
3. ''Clear -cutting" means the removal of an entire stand of trees.
4. "Conditional Use" means a use of shorelands which is permitted
within a zoning district only when allowed by the City after a public hearing, if certain
conditions are met which eliminate or minimize the incompatibility of the conditional use
with other permitted uses of the district.
5. "Hardship" means the property in question cannot be put to
reasonable use under the conditions allowed by the official controls; the plight of the
landowner is due to circumstances unique to said property, not created by the landowner;
and the variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship if a reasonable use for the property
exists under terms of the official controls.
6. "Ordinary High Water Mark" for lakes means a mark delineating the
highest water level which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The ordinary high water mark is commonly that point where
the natural vegetation changes from predominately aquatic to predominately terrestrial.
"Ordinary High Water Mark" for water courses means the top of the bank.
GOLDEN VALLEY CC 350 (6-15-98)
§ 11.65
7. "Protected Waters" means any waters of the State as defined in
Minnesota Statutes 1980, Section 105.37, Subdivision 14. However, no lake, pond or
flowage of less than ten acres in size and no river or stream having a total drainage area
less than two square miles shall be regulated for the purpose of these regulations.
8. "Setback" means the minimum horizontal distance between a
structure or sanitary facility and the ordinary high water mark or between a structure or
sanitary facility and a road, well, highway, or property lines.
9. "Shoreland" means land located within the following distances from
protected waters: (1) 1,000 feet from the ordinary high water mark of a lake, pond, or
flowage; and (2) 300 feet from a river or stream, or the landward extent of a flood plain on
such rivers or streams, whichever is greater. The practical limits of shorelands may be
less than the statutory limits where such limits are designated by natural drainage divides
at lesser distances.
10. "Subdivision" means improved or unimproved land or lands which
are divided for the purpose of ready sale or lease, or divided successively within a five
year period for the purpose of sale or lease.
11. "Substandard Use" means any use of shorelands existing prior to
the effective date of this Section which is permitted within the applicable zoning district but
does not meet the minimum lot area and length or water frontage, structure setbacks, or
other dimensional standards of this Section.
12. "Variance" means any modification or variation of official controls
where it is determined that, because of hardships, strict enforcement of the official
controls is impractical.
13. "Riparian" as used herein means land relating or belonging to the
bank and/or shore of a river, stream, creek, lake, pond or other water basin.
Subdivision 4. Designation of Types of Land Use.
A. Shoreland Management Classification. In order to guide the wise
development and utilization of shorelands of protected waters for the preservation of
water quality, natural characteristics, economic values and the general health, safety and
welfare, certain protected waters in the City have been given a shoreland management
classification, and the land lying within prescribed distances of said waters in accordance
with the definitions and terms of this Section shall be the shorelands of the City. The
protected waters of the City, as herein defined, that have heretofore been so classified by
the Commissioner of Natural Resources and which are now deemed to be the
determinants for the management of shorelands in the City are as follows:
GOLDEN VALLEY CC 351 (6-15-98)
§ 11.65
Natural Environment Lakes DNR I D #
Wirth Lake 27-37 P
Unnamed Basin 27-36 P
Recreational Development Lakes DNR I D #
Sweeney - Twin Lake 27-35 P
General Development Streams DNR I D #
XBassett Creek
B. Shoreland Overlay District. The shorelands of the City, as
determined by the foregoing terms of this Section, are hereby designated as a Shoreland
Overlay District to provide for the wise utilization of shoreland areas in order to preserve
the quality and natural character of these protected waters of the City.
1. Permitted Uses. The following uses shall be permitted within
the Shoreland Overlay District:
(a) All permitted uses as allowed and regulated by the
applicable zoning district underlying the Shoreland Overlay District as the same are
indicated in the zoning provisions of the City.
2. Conditional Uses. The following conditional uses shall be
permitted within the Shoreland Overlay District:
(a) All conditional uses according to their applicable
attached conditions as allowed and regulated by the applicable zoning district underlying
the Shoreland Overlay District according to and as heretofore approved under the zoning
provisions and as required by this Section; and,
(b) Boathouses.
3. Substandard Uses. Any uses of shorelands in existence
prior to the effective date of this Section which are permitted within the applicable zoning
district, but do not meet the minimum lot area, setbacks or other dimensional requirements
of this Section are hereby deemed to be non -conforming substandard uses. Substandard
uses, including substandard sanitary facilities, shall be allowed to continue.
GOLDEN VALLEY CC 352 (6-15-98)
§ 11.65
Subdivision 5. Zoning Provisions.
A. Standards. The following standards shall apply to all shorelands of
the protected standard waters listed in this Section. Where the requirements of the
underlying zoning district as set forth in the zoning provisions are more restrictive than
those set forth herein, then the more restrictive standards shall apply:
Water frontage
and lot width at
building line (ft.)
Structure setback
from Ordinary High
Water (ft.)
NATURAL
ENVIRONMENT
WATERS
150
RECREATIONAL
DEVELOPMENT
WATERS
75
GENERAL
DEVELOPMENT
WATERS
:e
B. Substandard Lots. Lots of record in the office of the County
Recorder (or Registrar of Titles) prior to the effective date of this Section which do not
meet the requirements of Subparagraph A, above, may be allowed as building sites
provided:
1. Such use is permitted in the zoning district.
2. The lot is in separate ownership from abutting lands, and,
3. All other sanitary and dimensional requirements of this
Section are complied with insofar as practical.
C. Roads and Parking Areas. Roads and parking areas shall be
located to retard the runoff of surface waters and nutrients in accordance with the
following criteria:
1. Where feasible and practical, all roads and parking areas
shall meet the setback requirements established for structures in this Section.
2. In no instance shall these impervious surfaces be placed
less than 50 feet from the ordinary high water mark.
3. Where feasible and practical, natural vegetation or other
natural materials shall be used to screen parking areas when viewed from the water.
GOLDEN VALLEY CC
353
(6-15-98)
§ 11.65
D. Elevation of Lowest Floor. Structures shall be placed at an
elevation consistent with the City's flood plain management controls.
E. Exceptions to Structure Setback Requirements.
1. Setback requirements from the ordinary high water mark
shall not apply to boathouses and docks. Location of docks shall be controlled by
applicable State and local regulations. Boathouses may be allowed as a conditional use
provided they are not used for habitation and do not contain sanitary facilities.
2. On undeveloped shoreland lots that have two (2) adjacent
lots with existing principal structures on both such adjacent lots, any new residential
structure may be set back the average setback of the adjacent structures from the
ordinary high water mark or fifty (50) feet, whichever is greater, provided all other
provisions of the Shoreland Overlay District are complied with.
Subdivision 6. Shoreland Alterations.
A. Removal of Vegetation. The removal of natural al vegetation shall be
restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to
preserve shoreland aesthetics. Removal of natural vegetation in the Shoreland Overlay
District shall be subject to the following provisions:
1. Selective removal of natural vegetation is allowed, provided
that sufficient vegetative cover remains to screen cars, dwellings and other structures
when viewed from the water.
2. Clear cutting of natural vegetation is prohibited.
3. Natural vegetation shall be restored insofar as feasible after
any construction project is completed to retard surface runoff and soil erosion.
4. The provisions of this Subdivision shall not apply to
permitted uses which normally require the removal of natural vegetation.
B. Grading and Filling. Grading and filling in shoreland areas or any
alteration of the natural topography where the slope of the land is toward a protected
water or a watercourse leading to a protected water shall be in accordance with require-
ments of and authorized by the Bassett Creek Water Management Commission.
GOLDEN VALLEY CC 354 (6-15-98)
§ 11.65
C. Course and Current of Protected Water. Any work which will
change or diminish the course, current or cross-section of a protected water shall be
approved by the Commissioner of Natural Resources, and such approval shall be
construed to mean the issuance by the Commissioner of Natural Sources of a permit
under the procedures of Minnesota Statutes, Section 105.42 and other related statutes.
Subdivision 7. Subdivisions.
A. Plats. Copies of all plats riparian to protect waters within the
Shoreland Overlay District shall be submitted to the Commissioner of Natural Resources
within ten (10) days of final approval by the City.
B. Planned Unit Developments (PUDs). Altered zoning standards may
be allowed as exceptions to this Section for PUDs provided preliminary plans for PUDs
riparian to protected waters are reviewed and approved by the Commissioner of Natural
Resources prior to their approval by the City, and further provided:
1. Open space is preserved through the use of restrictive deed
covenants, public dedications, or other methods.
2. The following factors are carefully evaluated to ensure the
increased density of development is consistent with the resource limitations of the
protected water:
accesses;
(a) Suitability of the site for the proposed use;
(b) Physical and aesthetic impact of increased density;
(c) Level of current development;
(d) Amount and ownership of undeveloped shoreland;
(e) Levels and types of water surface use and public
(f) Possible effects on over-all public use.
3. Any commercial, recreational, community, or religious facility
allowed as part of the planned unit development shall conform to all applicable Federal
and State regulations including, but not limited to, the following:
GOLDEN VALLEY CC 355 (6-15-98)
§ 11.65
(a) Licensing provisions or procedures;
(b) Waste disposal regulations;
(c) Water supply regulations;
(d) Building codes;
(e) Safety regulations;
(f) Regulations concerning the appropriation and use of
protected waters as defined in Minnesota Statutes 1974, Chapter 105; and,
(g) Applicable requirements of the Minnesota
Environmental Quality Board.
4. Public access is provided in accordance with the City
Comprehensive Parks Plan.
5. The final plan for a planned unit development riparian to
protected waters shall not be modified, amended, repealed, or otherwise altered unless
reviewed and approved by the Commissioner.
Subdivision 8. Notification Procedures.
A. Public Hearings - Amendments, Variances and Conditional Uses. A
copy of the notice of a public hearing to consider an amendment to this Section, a
variance to the provisions of the Shoreland Overlay District for property riparian to private
waters, or a conditional use for property riparian to protected waters in the Shoreland
Overlay District shall be sent to the Commissioner of Natural Resources such that the
notice is received by the Commissioner at least ten (10) days prior to such hearings.
B. Amendments and Decisions. A copy of all amendments to this
Section and final decisions granting variances or conditional uses for properties riparian
to protected waters within the Shoreland Overlay District shall be sent to the
Commissioner of Natural Resources within ten (10) days of the amendment or final action.
Source: Ordinance No. 682
Effective Date: 5-30-86
(Sections 11.66 through 11.69, inclusive, reserved for future expansion.)
GOLDEN VALLEY CC 356 (6-15-98)
DRAFT
Revised April 7, 1997
SAMPLE SHORELAND MANAGEMENT ORDINANCE
TABLE OF CONTENTS
SECTION PAGE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY ............... 1
1.1 Statutory Authorization ................................ 1
1.2 Policy .............................................. 1
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS ................ 1
2.1 Jurisdiction ......................................... 1
2.2 Compliance ......................................... 1
2.3 Enforcement ........................................ 2
2.4 Interpretation ........................................ 2
2.5 Severability ......................................... 2
2.6 Abrogation and Greater Restrictions ...................... 2
2.7 Definitions .......................................... 2
SECTION 3.0 -ADMINISTRATION ..................................... 8
3.1 Permits Required .................................... 8
3.2 Certificates of Zoning Compliance ....................... 8
3.3 Variances ......................................... 8
3.4 Notifications to DNR ................................. 9
SECTION 4.0 - SHORELAND CLASSIFICATIONS AND LAND USE DISTRICTS . 9
4.1 Shoreland Classification System ......................... 9
4.2 Land Use District Descriptions ......................... 11
SECTION 5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS ..... 17
5.1 Lot Area and Width Standards ......................... 17
5.2 Placement, Design, and Height of Structures ............. 21
5.3 Shoreland Alterations ................................ 25
5.4 Placement and Design of Roads, Driveways,
and Parking Areas ................................... 28
5.5 Stormwater Management ............................. 29
5.6 Special Provisions for Commercial, Industrial, Public/
Semipublic, Agricultural, Forestry and Extractive Uses
and Mining of Metallic Minerals and Peat ................. 29
5.7 Conditional Uses .................................... 32
5.8 Water Supply and Sewage Treatment ................... 33
Sv10-159.001 159 -001 -SO
DRAFT
Revised April 7, '1997
SECTION 6.0 - NONCONFORMITIES.................................. 34
6.1 Construction on Nonconforming Lots of Record ............ 34
6.2 Additions/Expansions to Nonconforming Structures ......... 34
6.3 Nonconforming Sewage Treatment Systems .............. 35
SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS ................... 35
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS ....................... 37
8.1
Types of PUD's Permissible ...........................
37
8.2
Processing of PUD's.................................
37
8.3
Application for a PUD ................................
37
8.4
Site "Suitable Area" Evaluation .........................
38
8.5
Residential and Commercial PUD Density Evaluation
....... 39
8.6
Maintenance and Design Criteria .......................
41
8.7
Conversions .......................................
44
APPENDICES
APPENDIX A - CONSIDERATIONS FOR TOWNSHIP ZONING
APPENDIX B - ORDINANCE CERTIFICATION CHECKLIST
SN1 O- I ;9.(,)o 1 159-001-80
DRAFT
Revised April 7, 1997
SAMPLE SHORELAND MANAGEMENT ORDINANCE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY
1.1 Statutory Authorization
This shoreland ordinance is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts
6120.2500 - 6120.3900, and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
1.2 Policy
The uncontrolled use of shorelands of (the Community of) ,
Minnesota affects the public health, safety and general welfare not only by
contributing to pollution of public waters, but also by impairing the local tax base.
Therefore, it is in the best interests of the public health, safety and welfare to
provide for the wise subdivision, use and development of shorelands of public
waters. The Legislature of Minnesota has delegated responsibility to local
governments of the state to regulate the subdivision, use and development of the
shorelands of public waters and thus preserve and enhance the quality of surface
waters, conserve the economic and natural environmental values of shorelands,
and provide for the wise use of waters and related land resources. This
responsibility is hereby recognized by (the Community of)
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction
The provisions of this ordinance shall apply to the shorelands of the public water
bodies as classified in Section 4.0 of this ordinance. Pursuant to Minnesota
Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10
acres in size in municipalities or 25 acres in size in unincorporated areas need be
regulated in a local government's shoreland regulations. A body of water created
by a private user where there was no previous shoreland may, at the discretion of
the governing body, be exempt from this ordinance.
2.2 Compliance
The use of any shoreland of public waters; the size and shape of lots; the use, size,
type and location of structures on lots; the installation and maintenance of water
supply and waste treatment systems, the grading and filling of any shoreland area;
the cutting of shoreland vegetation; and the subdivision of land shall be in full
compliance with the terms of this ordinance and other applicable regulations.
SMO -159.001 -1- 159-001-80
DRAFT
Revised April 7, 1997
2.3 Enforcement
The (local government or designated official) is responsible for
the administration and enforcement of this ordinance. Any violation of the
provisions of this ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with
grants of variances or conditional uses) shall constitute a misdemeanor and shall
be punishable as defined by law. Violations of this ordinance can occur regardless
of whether or not a permit is required for a regulated activity pursuant to Section 3.1
of this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions of this ordinance shall be held
to be minimum requirements and shall be liberally construed in favor of the
governing body and shall not be deemed a limitation or repeal of any other powers
granted by State Statutes.
2.5 Severability
If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby.
2.6 Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall prevail. All other
ordinances inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
2.7 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the same meaning as they have in common usage
and so as to give this ordinance its most reasonable application. For the purpose
of this ordinance, the words "must" and "shall" are mandatory and not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
2.711 Accessory structure or facility. "Accessory structure" or "facility" means any
building or improvement subordinate to a principal use which, because of the
nature of its use, can reasonably be located at or greater than normal
structure setbacks.
2.712 Bluff. "Bluff' means a topographic feature such as a hill, cliff, or
embankment having the following characteristics (an area with an average
SIO -159.001 -2- 159-001-80
DRAFT
Revised April 7, 1997
slope of less than 18 percent over a distance for 50 feet or more shall not be
considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of
the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or
more above the ordinary high water level averages 30 percent or
greater; and
(4) The slope must drain toward the waterbody.
2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within
20 feet from the top of a bluff.
2.714 Boathouse. "Boathouse" means a structure designed and used solely for the
storage of boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary
high water level at the required setback beyond which a structure may not
extend.
2.716 Commercial planned unit developments. "Commercial planned unit
developments" are typically uses that provide transient, short-term lodging
spaces, rooms, or parcels and their operations are essentially
service-oriented. For example, hotel/motel accommodations, resorts,
recreational vehicle and camping parks, and other primarily service-oriented
activities are commercial planned unit developments.
2.717 Commercial use. "Commercial use" means the principal use of land or
buildings for the sale, lease, rental, or trade of products, goods, and services.
2.718 Commissioner. "Commissioner" means the commissioner of the Department
of Natural Resources.
2.719 Conditional use. "Conditional use" means a land use or development as
defined by ordinance that would not be appropriate generally but may be
allowed with appropriate restrictions as provided by official controls upon a
finding that certain conditions as detailed in the zoning ordinance exist, the
use or development conforms to the comprehensive land use plan of the
community, and the use is compatible with the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without
attached railings, seats, trellises, or other features, attached or functionally
related to a principal use or site and at any point extending more than three
SMO -159.001 -3- 159-001-80
DRAFT
Revised April 7, 1997
feet above ground.
2.721 Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling
structure on a single lot, having two, three, and four units, respectively, being
attached by common walls and each unit equipped with separate sleeping,
cooking, eating, living, and sanitation facilities.
2.722 Dwelling site. "Dwelling site" means a designated location for residential use
by one or more persons using temporary or movable shelter, including
camping and recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure,
or other shelter designed as short- or long-term living quarters for one or
more persons, including rental or timeshare accommodations such as motel,
hotel, and resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for surface or
subsurface removal of sand, gravel, rock, industrial minerals, other
nonmetallic minerals, and peat not regulated under Minnesota Statutes,
sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of
forested lands to prepare for a new land use other than reestablishment of
a subsequent forest stand.
2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit
that may contain sleeping spaces and kitchen and bathroom facilities in
addition to those provided in the primary dwelling unit on a lot.
2.727 Hardship. "Hardship" means the same as that term is defined in Minnesota
Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.728 Height of building. "Height of building" means the vertical distance between
the highest adjoining ground level at the building or ten feet above the lowest
ground level, whichever is lower, and the highest point of a flat roof or
average height of the highest gable of a pitched or hipped roof.
2.729 Industrial use. "Industrial use" means the use of land or buildings for the
production, manufacture, warehousing, storage, or transfer of goods,
products, commodities, or other wholesale items.
2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the
complete removal of trees or shrubs in a contiguous patch, strip, row, or
block.
2.731 Lot. "Lot" means a parcel of land designated by plat, metes and bounds,
registered land survey, auditors plot, or other accepted means and separated
SMO -159.001 -4- 159-001-80
DRAFT
Revised April 7, 1997
from other parcels or portions by said description for the purpose of sale,
lease, or separation.
2.732 Lot width. "Lot width" means the shortest distance between lot lines
measured at the midpoint of the building line.
2.733 Nonconformity. "Nonconformity" means any legal use, structure or parcel of
land already in existence, recorded, or authorized before the adoption of
official controls or amendments thereto that would not have been permitted
to become established under the terms of the official controls as now written,
if the official controls had been in effect prior to the date it was established,
recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary
of public waters and wetlands, and shall be an elevation delineating the
highest water level which has been maintained for a sufficient period of time
to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water level is the elevation
of the top of the bank of the channel. For reservoirs and flowages, the
ordinary high water level is the operating elevation of the normal summer
pool.
2.735 Planned unit development. "Planned unit development" means a type of
development characterized by a unified site design for a number of dwelling
units or dwelling sites on a parcel, whether for sale, rent, or lease, and also
usually involving clustering of these units or sites to provide areas of
common open space, density increases, and a mix of structure types and
land uses. These developments may be organized and operated as
condominiums, time-share condominiums, cooperatives, full fee ownership,
commercial enterprises, or any combination of these, or cluster subdivisions
of dwelling units, residential condominiums, townhouses, apartment
buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels,
and conversions of structures and land uses to these uses.
2.736 Public waters. "Public waters" means any waters as defined in Minnesota
Statutes, section 103G.005, subdivisions 15 and 15a.
2.737 Residential planned unit development. "Residential planned unit
development" means a use where the nature of residency is nontransient
and the major or primary focus of the development is not service-oriented.
For example, residential apartments, manufactured home parks, time-share
condominiums, townhouses, cooperatives, and full fee ownership residences
would be considered as residential planned unit developments. To qualify
as a residential planned unit development, a development must contain at
least five dwelling units or sites.
SMO -159.001 -5- 159-001-80
DRAFT
Revised April 7, 1997
2.738 Semipublic use. "Semipublic use" means the use of land by a private,
nonprofit organization to provide a public service that is ordinarily open to
some persons outside the regular constituency of the organization.
2.739 Sensitive resource management. "Sensitive resource management" means
the preservation and management of areas unsuitable for development in
their natural state due to constraints such as shallow soils over groundwater
or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to
flooding, or occurrence of flora or fauna in need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance between a
structure, sewage treatment system, or other facility and an ordinary high
water level, sewage treatment system, top of a bluff, road, highway, property
line, or other facility.
2.741 Sewage treatment system. "Sewage treatment system" means a septic tank
and soil absorption system or other individual or cluster type sewage
treatment system as described and regulated in Section 5.8 of this
ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping
stations, and force main, and all other construction, devices, appliances, or
appurtenances used for conducting sewage or industrial waste or other
wastes to a point of ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the
ordinary high water level of a public water and a line parallel to it at a setback
of 50 percent of the structure setback.
2.744 Shoreland. "Shoreland" means land located within the following distances
from public waters: 1,000 feet from the ordinary high water level of a lake,
pond, or flowage; and 300 feet from a river or stream, or the landward extent
of a floodplain designated by ordinance on a river or stream, whichever is
greater. The limits of shorelands may be reduced whenever the waters
involved are bounded by topographic divides which extend landward from
the waters for lesser distances and when approved by the commissioner.
2.745 Significant historic site. "Significant historic site" means any archaeological
site, standing structure, or other property that meets the criteria for eligibility
to the National Register of Historic Places or is listed in the State Register of
Historic Sites, or is determined to be an unplatted cemetery that falls under
the provisions of Minnesota Statutes, section 307.08. A historic site meets
these criteria if it is presently listed on either register or if it is determined to
meet the qualifications for listing after review by the Minnesota state
archaeologist or the director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant historic
sites.
SMO -159.001 -6- 159-001-80
DRAFT
Revised April 7, 1997
2.746 Steep slope. "Steep slope" means land where agricultural activity or
development is either not recommended or described as poorly suited due
to slope steepness and the site's soil characteristics, as mapped and
described in available County soil surveys or other technical reports, unless
appropriate design and construction techniques and farming practices are
used in accordance with the provisions of this ordinance. Where specific
information is not available, steep slopes are lands having average slopes
over 12 percent, as measured over horizontal distances of 50 feet or more,
that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance, including decks,
except aerial or underground utility lines, such as sewer, electric, telephone,
telegraph, gas lines, towers, poles, and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale,
rent, or lease, including planned unit developments.
2.749 Surface water -oriented commercial use. "Surface water -oriented commercial
use" means the use of land for commercial purposes, where access to and
use of a surface water feature is an integral part of the normal conductance
of business. Marinas, resorts, and restaurants with transient docking
facilities are examples of such use.
2.750 Toe of the bluff. "Toe of the bluff' means the lower point of a 50 -foot
segment with an average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluff' means the higher point of a 50 -foot
segment with an average slope exceeding 18 percent.
2.752 Variance. 'Variance" means the same as that term is defined or described
in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for
municipalities).
2.753 Water -oriented accessory structure or facility. "Water -oriented accessory
structure or facility" means a small, above ground building or other
improvement, except stairways, fences, docks, and retaining walls, which,
because of the relationship of its use to a surface water feature, reasonably
needs to be located closer to public waters than the normal structure
setback. Examples of such structures and facilities include boathouses,
gazebos, screen houses, fish houses, pump houses, and detached decks.
2.754 Wetland. "Wetland" means a surface water feature classified as a wetland
in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).
SMO -159.001 -%- 159-001-80
DRAFT
Revised April 7, 1997
SECTION 3.0 -ADMINISTRATION
3.1 Permits Required
3.11 A permit is required for the construction of buildings or building additions
(and including such related activities as construction of decks and signs), the
installation and/or alteration of sewage treatment systems, and those grading
and filling activities not exempted by Section 5.3 of this ordinance.
Application for a permit shall be made to the (designated official)
on the forms provided. The application shall
include the necessary information so that the
(designated official) can determine the site's suitability for the intended use
and that a compliant sewage treatment system will be provided.
3.12 A permit authorizing an addition to an existing structure shall stipulate that
an identified nonconforming sewage treatment system, as defined by Section
5.8, shall be reconstructed or replaced in accordance with the provisions of
this ordinance.
3.2 Certificate of Zoning Compliance
The (designated official) shall issue a certificate of zoning
compliance for each activity requiring a permit as specified in Section 3.1 of this
ordinance. This certificate will specify that the use of land conforms to the
requirements of this ordinance. Any use, arrangement, or construction at variance
with that authorized by permit shall be deemed a violation of this ordinance and
shall be punishable as provided in Section 2.3 of this ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes,
Chapter 394 (for counties) or 462 (for municipalities), as applicable. A
variance may not circumvent the general purposes and intent of this
ordinance. No variance may be granted that would allow any use that is
prohibited in the zoning District in which the subject property is located.
Conditions may be imposed in the granting of a variance to ensure
compliance and to protect adjacent properties and the public interest. In
considering a variance request, the board of adjustment must also consider
whether the property Owner has reasonable use of the land without the
variance, whether the property is used seasonally or year-round, whether the
variance is being requested solely on the basis of economic considerations,
and the characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of business.
When a variance is approved after the Department of Natural Resources has
formally recommended denial in the hearing record, the notification of the
SMO -159.001 -8- 159-001-80
DRAFT
Revised April 7, 1997
approved variance required in Section 3.42 below shall also include the
board of adjustment's summary of the public record/testimony and the
findings of facts and conclusions which supported the issuance of the
variance.
3.33 For existing developments, the application for variance must clearly
demonstrate whether a conforming sewage treatment system is present for
the intended use of the property. The variance, if issued, must require
reconstruction of a nonconforming sewage treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances,
amendments, or conditional uses under local shoreland management
controls must be sent to the commissioner or the commissioner's designated
representative and postmarked at least ten days before the hearings.
Notices of hearings to consider proposed subdivisions/plats must include
copies of the subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses under local shoreland management
controls must be sent to the commissioner or the commissioner's designated
representative and postmarked within ten days of final action.
SECTION 4.0 - SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS
4.1 Shoreland Classification System
The public waters of (local government name) have been classified
below consistent with the criteria found in Minnesota Regulations, Part 6120.3300,
and the Protected Waters Inventory Map for County, Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall
be as defined in section 2.744 and as shown on the Official Zoning Map.
4.12 Lakes
Protected Waters
A. Natural Environment Lakes Inventory I.D.#
(list here and designate
on official zoning mapN1 TL \
Protected Waters
B. Recreational Development Lakes Inventory I.D.#
(list here and designate
on official zoning map) \
SMO -159.001 -9- 159-001-80
DRAFT
Revised April 7, 1997
Protected Waters
C. General Development Lakes Inventory I.D.#
(list here and designate
on official zoning map)
4.13 Rivers and Streams
A.
Remote Rivers
Legal Description
(list river names here and
show boundaries of District
on official zoning map)
B.
Forested Rivers
Legal Description
(list river names here and
show boundaries of District
on official zoning map)
C.
Transition Rivers
Legal Description
(list river names here and
show boundaries of District
on official zoning map)
D.
Agricultural Rivers
Legal Description
(list river names here and
show boundaries of District
on official zoning map)
E.
Urban Rivers
Legal Description
(list river names here and
show boundaries of District
on official zoning map)
F.
Tributary Streams
'3Ass C�—
(list river names here and
show boundaries of District
--S\jN1cw� Ltky-%
on official zoning map)
*All protected watercourses in the (local government)
shown on the Protected Waters Inventory Map for
County, a copy of which is hereby adopted by reference, not given a
classification in Items A-E above shall be considered "Tributary".
4.2 Land Use District Descriptions
4.21 Criteria For Designation. The land use districts in Section 4.22, and the
delineation of a land use District's boundaries on the Official Zoning Map,
must be consistent with the goals, policies, and objectives of the
comprehensive land use plan (when available) and the following criteria,
SMO -159.001 -10- 159-001-80
DRAFT
Revised April 7, 1997
considerations, and objectives:
A. General Considerations and Criteria for All Land Uses:
(1) preservation of natural areas;
(2) present ownership and development of shoreland areas;
(3) shoreland soil types and their engineering capabilities;
(4) topographic characteristics;
(5) vegetative cover;
(6) in -water physical characteristics, values, and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic development needs and plans as they involve
water and related land resources;
(10) the land requirements of industry which, by its nature, requires
location in shoreland areas; and
(11) the necessity to preserve and restore certain areas having
significant historical or ecological value.
B. Factors and Criteria for Planned Unit Developments:
(1) existing recreational use of the surface waters and likely
increases in use associated with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
4.22 Land Use District Descriptions. The land use districts provided below, and
the allowable land uses therein for the given classifications of waterbodies,
shall be properly delineated on the Official Zoning Map for the shorelands of
this community. These land use districts are in conformance with the criteria
specified in Minnesota Regulation, Part 6120.3200, Subp. 3:
SM0-159.001
-11-
159-001-30
DRAFT
Revised April 7, 1997
(Note: Include either the following tables of land use districts by classification, modified
tables meeting state standards or a reference to an existing ordinance with land use
descriptions meeting state standards.)
A. Land Use Districts For Lakes
SMO -159.001 -12- 159-001-a0
General
Recreational
Natural
Development
Development
Environment
Lakes
Lakes
Lakes
(1) Special Protection District -
Uses
-Forest management
P
P
P
-Sensitive resource
management
P
P
P
-Agricultural: cropland
and pasture
P
P
P
-Agricultural feedlots
C
C
C
-Parks and historic sites
C
C
C
-Extractive use
C
C
C
-Single residential
C
C
C
-Mining of metallic
minerals and peat
P
P
P
(2) Residential District - Uses
-Single residential
P
P
P
-Semipublic
C
C
C
-Parks & historic sites
C
C
C
-Extractive use
C
C
C
-Duplex, triplex, quad
residential
P
P
C
-Forest management
P
P
P
-Mining of metallic
minerals and peat
P
P
P
(3) High Density Residential District
- Uses
-Residential planned
unit developments
C
C
C
-Single residential
P
P
P
-Surface water oriented
commercial*
C
C
C
-Semipublic
C
C
C
-Parks & historic sites
C
C
C
-Duplex, triplex, quad
residential
P
P
P
-Forest management
P
P
P
SMO -159.001 -12- 159-001-a0
DRAFT
Revised April 7, 1997
(4) Water Oriented Commercial
District - Uses
-Surface water -oriented
P P
P
P P
commercial
P
P
C
-Commercial planned unit
C C
C
C C
development**
C
C
C
-Public, semipublic
C
C
C
-Parks & historic sites
C
C
C
-Forest management
P
P
P
*As accessory to a residential planned unit development
**Limited expansion of a commercial planned
unit development
involving up to six
additional dwelling units or sites may be allowed as a permitted use provided the provisions
of Section 8.0 of this ordinance are satisfied.
(5) General Use District - Uses
-Commercial
P
P
C
-Commercial planned unit
development**
C
C
C
-Industrial
C
C
N
-Public, semipublic
P
P
C
-Extractive use
C
C
C
-Parks & historic sites
C
C
C
-Forest management
P
P
P
-Mining of metallic
minerals and peat
P
P
P
B. Land Use Districts for Rivers and Streams
Re- For-
Trans-
Agricul- Ur- Tribu-
mote ested
ition
tural ban tary
(1) Special Protection District - Uses
-Forest management P
-Sensitive resource
management P
-Agricultural: cropland
and pasture P
-Agricultural feedlots C
-Parks and historic sites C
-Extractive use C
-Single residential C
-Mining of metallic
minerals and peat P
SMO -159.001 -13-
P P P P P
P
P P
P
P P
C
C C
C
C C
C
C C
C
C C
P
P P
P P
C C
C C
C C
C C
P P
159-001-80
DRAFT
Revised April 7, 1997
(2) Residential District - Uses
-Single residential
P
P
P
P
P
P
-Semipublic
C
C
C
C
C
P
-Parks and historic sites
C
C
C
C
C
P
-Extractive use
C
C
C
C
C
C
-Duplex, triplex, quad
residential
C
C
C
C
P
C
-Forest management
P
P
P
P
P
P
-Mining of metallic
minerals and peat
P
P
P
P
P
P
*As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit
development
involving
up
to six
additional dwelling units or sites may be allowed as a permitted use provided the provisions
of Section 8.0 of this ordinance are satisfied.
(3) High Density Residential- Uses
-Residential planned
unit developments
C
C
C
C
C
C
-Single residential
P
P
P
P
P
P
-Surface water oriented
commercial*
C
C
C
C
C
C
-Semipublic
C
C
C
C
C
C
-Parks and historic sites
C
C
C
C
C
C
-Duplex, triplex, quad
residential
P
P
P
P
P
P
-Forest management
P
P
P
P
P
P
(4) Water -oriented Commercial- Uses
-Surface water -oriented
commercial
C
C
C
C
C
C
-Commercial planned
unit development*
C
C
C
C
C
C
-Public, semipublic
C
C
C
P
P
P
-Parks and historic sites
C
C
C
C
C
C
-Forest management
P
P
P
P
P
P
(5) General Use District - Uses
-Commercial
C
C
C
C
P
C
-Commercial planned
unit development"
C
C
C
C
C
C
-Industrial
N
C
N
N
C
C
-Public, semipublic
C
C
C
C
P
C
SMO -159.001 -14- 159-001-80
-Extractive use
-Parks and historic sites
-Forest management
-Mining of metallic
minerals and peat
DRAFT
Revised April 7, 1997
C C
C
C
C C
C C
C
C
C C
P P
P
P
P P
P P
P
P
P P
*As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six
additional dwelling units or sites may be allowed as a permitted use provided the provisions
of Section 8.0 of this ordinance are satisfied.
4.23 Use and Upgrading of Inconsistent Land Use Districts.
A. The land use districts adopted in Ordinance Number , Section
as they apply to shoreland areas, and their delineated
boundaries on the Official Zoning Map, are not consistent with the
land use District designation criteria specified in Section 4.22 herein.
These inconsistent land use District designations may continue until
revisions are proposed to change either the land use District
designation within an existing land use District boundary shown on
the Official Zoning Map or to modify the boundary of an existing land
use District shown on the Official Zoning Map.
B. When a revision is proposed to an inconsistent land use District
provision, the following additional criteria and procedures shall apply:
(1) For Lakes. When a revision to a land use District designation
on a lake is considered, the land use District boundaries and
use provisions therein for all the shoreland areas within the
jurisdiction of this ordinance on said lake must be revised to
make them substantially compatible with the framework in
Sections 4.21 and 4.22 of this ordinance.
(2) For Rivers and Streams. When a revision to a land use District
designation on a river or stream is proposed, the land use
District boundaries and the use provisions therein for all
shoreland on both sides of the river or stream within the same
classification within the jurisdiction of this ordinance must be
revised to make them substantially compatible with the
framework in Sections 4.21 and 4.22 of this ordinance. If the
same river classification is contiguous for more than a five -mile
segment, only the shoreland for a distance of 2.5 miles
upstream and downstream, or to the class boundary if closer,
need be evaluated and revised.
C. When an interpretation question arises about whether a specific land
use fits within a given "use" category, the interpretation shall be made
SMO -159.001 -15- 159--001-80
DRAFT
Revised April 7, 1997
by the Board of Adjustment. When a question arises as to whether
a land use District's boundaries are properly delineated on the Official
Zoning Map, this decision shall be made by the
(governing body).
D. When a revision is proposed to an inconsistent land use District
provision by an individual party or landowner, this individual party or
landowner will only be responsible to provide the supporting and/or
substantiating information for the specific parcel in question. The
(governing body) will direct the
(designated official) to provide such additional information for this
waterbody as is necessary to satisfy Items A and B.
E. The (governing body) must make a detailed
finding of fact and conclusion when taking final action that this
revision, and the upgrading of any inconsistent land use District
designations on said waterbody, are consistent with the enumerated
criteria and use provisions of Section 4.2.
SECTION 5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
The lot area (in square feet) and lot width standards (in feet) for single, duplex,
triplex and quad residential lots created after the date of enactment of this
ordinance for the lake and river/stream classifications are the following:
5.11 Unsewered Lakes
A. Natural Environment:
Riparian
Lots
Nonriparian
Lots
Area
Width
Area
Width
Single
80,000
200
80,000
200
Duplex
120,000
300
160,000
400
Triplex
160,000
400
240,000
600
Quad
200,000
500
320,000
800
B. Recreational Development:
Riparian
Lots
Nonriparian
Lots
Area
Width
Area
Width
Single
40,000
150
40,000
150
Duplex
80,000
225
80,000
265
Triplex
120,000
300
120,000
375
SMO -159.001 -16- 159-001-40
Quad 160,000 375
C. General Development:
Riparian Lots
Area Width
Single
20,000 100
Duplex
40,000 180
Triplex
60,000 260
Quad 80,000 340
/ 5.12 �ewered Lakes:
A. Natural Environment:
150
80,000
Riparian
Lots
375
Area
Width
Single
40,000
125
Duplex
70,000
225
Triplex
100,000
325
Quad
130,000
425
B. Recreational
Development:
195
Riparian
Lots
Quad
Area
Width
Single
20,000
75
Duplex
35,000
135
Triplex
50,000
195
Quad
65,000
255
C. General Development:
DRAFT
Revised April 7, 1997
160,000 490
Nonriparian Lots
Area Width
40,000
150
80,000
265
120,000
375
160,000
490
Nonriparian
Lots
Area
Width
20,000
125
35,000
220
52,000
315
65,000
410
Nonriparian
Lots
Area
Width
15,000
75
26,000
135
38,000
190
49,000
245
SMO -159,001 -17- 159-001-80
Riparian
Lots
Nonriparian
Lots
Area
Width
Area
Width
Single
15,000
75
10,000
75
Duplex
26,000
135
17,500
135
Triplex
38,000
195
25,000
190
Quad
49,000
255
32,500
245
5.13 River/Stream
Lot Width Standards.
There is no
minimum lot size
requirements for rivers and
streams.
The lot width standards for single,
duplex, triplex,
and quad residential developments for
the six river/stream
SMO -159,001 -17- 159-001-80
DRAFT
Revised April 7, 1997
5.14 Additional Special Provisions.
A. Residential subdivisions with dwelling unit densities exceeding those
in the tables in Sections 5.12 and 5.13 can only be allowed if
designed and approved as residential planned unit developments
under Section 8.0 of this ordinance. Only land above the ordinary
high water level of public waters can be used to meet lot area
standards, and lot width standards must be met at both the ordinary
high water level and at the building line. The sewer lot area
dimensions in Section 5.12 can only be used if publicly owned sewer
system service is available to the property.
B. Subdivisions of duplexes, triplexes, and quads on Natural
Environment Lakes must also meet the following standards:
(1) Each building must be set back at least 200 feet from the
ordinary high water level;
(2) Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the
building;
(3) Watercraft docking facilities for each lot must be centralized in
one location and serve all dwelling units in the building; and
(4) No more than 25 percent of a lake's shoreline can be in
duplex, triplex, or quad developments.
C. One guest cottage may be allowed on lots meeting or exceeding the
duplex lot area and width dimensions presented in Sections
5.11-5.13, provided the following standards are met:
(1) For lots exceeding the minimum lot dimensions of duplex lots,
the guest cottage must be located within the smallest
duplex -sized lot that could be created including the principal
dwelling unit;
sN110-159AX) i -18- 159-001-80
classifications are:
Re- For-
Trans-
Agri-
Urban &
mote ested
ition
cultural
Tributary
No sewer
Sewer
Single
300 200
250
150
100
75
Duplex
450 300
375
225
150
115
Triplex
600 400
500
300
200
150
Quad
750 500
625
375
250
190
5.14 Additional Special Provisions.
A. Residential subdivisions with dwelling unit densities exceeding those
in the tables in Sections 5.12 and 5.13 can only be allowed if
designed and approved as residential planned unit developments
under Section 8.0 of this ordinance. Only land above the ordinary
high water level of public waters can be used to meet lot area
standards, and lot width standards must be met at both the ordinary
high water level and at the building line. The sewer lot area
dimensions in Section 5.12 can only be used if publicly owned sewer
system service is available to the property.
B. Subdivisions of duplexes, triplexes, and quads on Natural
Environment Lakes must also meet the following standards:
(1) Each building must be set back at least 200 feet from the
ordinary high water level;
(2) Each building must have common sewage treatment and water
systems in one location and serve all dwelling units in the
building;
(3) Watercraft docking facilities for each lot must be centralized in
one location and serve all dwelling units in the building; and
(4) No more than 25 percent of a lake's shoreline can be in
duplex, triplex, or quad developments.
C. One guest cottage may be allowed on lots meeting or exceeding the
duplex lot area and width dimensions presented in Sections
5.11-5.13, provided the following standards are met:
(1) For lots exceeding the minimum lot dimensions of duplex lots,
the guest cottage must be located within the smallest
duplex -sized lot that could be created including the principal
dwelling unit;
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(2) A guest cottage must not cover more than 700 square feet of
land surface and must not exceed 15 feet in height; and
(3) A guest cottage must be located or designed to reduce its
visibility as viewed from public waters and adjacent shorelands
by vegetation, topography, increased setbacks or color,
assuming summer leaf -on conditions.
D. Lots intended as controlled accesses to public waters or as recreation
areas for use by owners of nonriparian lots within subdivisions are
permissible and must meet or exceed the following standards:
(1) They must meet the width and size requirements for residential
lots, and be suitable for the intended uses of controlled access
lots.
(2) If docking, mooring, or over -water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, then the
width of the lot (keeping the same lot depth) must be increased
by the percent of the requirements for riparian residential lots
for each watercraft beyond six, consistent with the following
table:
Controlled Access Lot Frontage Requirements
Ratio of lake size
to shore length
(acres/mile)
Less than 100
100-200
201-300
301-400
Greater than 400
Required increase
in frontage
(percent)
25
20
15
10
5
(3) They must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the
access lot; and
(4) Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use
the access lot and what activities are allowed. The activities
may include watercraft launching, loading, storage, beaching,
mooring, or docking. They must also include other outdoor
recreational activities that do not significantly conflict with
general public use of the public water or the enjoyment of
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normal property rights by adjacent property owners. Examples
of the nonsignificant conflict activities include swimming,
sunbathing, or picnicking. The covenants must limit the total
number of vehicles allowed to be parked and the total number
of watercraft allowed to be continuously moored, docked, or
stored over water, and must require centralization of all
common facilities and activities in the most suitable locations
on the lot to minimize topographic and vegetation alterations.
They must also require all parking areas, storage buildings,
and other facilities to be screened by vegetation or topography
as much as practical from view from the public water,
assuming summer, leaf -on conditions.
Placement, Design, and Height of Structures.
5.21 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.
A. Structure and On-site Sewage System Setbacks (in feet) from
Ordinary High Water Level*.
Setbacks*
Classes of Structures Sewage Treatment
Public Waters Unsewered Sewered System
Lakes
Natural Environment 150 150 150
Recreational
Development 100 75 75
General Development 75 50 50
Rivers
Remote 200 200 150
Forested and
Transition 150 150 100
Agriculture, Urban, and
Tributary 100 50 75
*One water -oriented accessory structure designed in accordance with
Section 5.22 of this ordinance may be set back a minimum distance
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of ten (10) feet from the ordinary high water level.
B. Additional Structure Setbacks. The following additional structure
setbacks apply, regardless of the classification of the waterbody:
Setback From:
Setback (in feet)
(1) Top of bluff; 30
(2) Unplatted cemetery; 50
(3) Right-of-way line of 50
federal, state, or
County highway; and
(4) Right-of-way line of 20
town road, public street,
or other roads or streets
not classified.
C. Bluff Impact Zones. Structures and accessory facilities, except
stairways and landings, must not be placed within bluff impact zones.
D. 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.
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures must be placed in accordance with
any floodplain regulations applicable to the site. Where these controls
do not exist, the elevation to which the lowest floor, including
basement, is placed or flood -proofed must be determined as follows:
(1) For lakes, by placing the lowest floor at a level at least three
feet above the highest known water level, or three feet above
the ordinary high water level, whichever is higher;
(2) For rivers and streams, by placing the lowest floor at least
three feet above the flood of record, if data are available. If
data are not available, by placing the lowest floor at least three
feet above the ordinary high water level, or by conducting a
technical evaluation to determine effects of proposed
construction upon flood stages and flood flows and to establish
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a flood protection elevation. Under all three approaches,
technical evaluations must be done by a qualified Engineer or
hydrologist consistent with parts 6120.5000 to 6120.6200
governing the management of flood plain areas. If more than
one approach is used, the highest flood protection elevation
determined must be used for placing structures and other
facilities; and
(3) Water -oriented accessory structures may have the lowest floor
placed lower than the elevation determined in this item if the
structure is constructed of flood -resistant materials to the
elevation, electrical and mechanical equipment is placed
above the elevation and, if long duration flooding is anticipated,
the structure is built to withstand ice action and wind -driven
waves and debris.
B. Water -oriented Accessory Structures. Each lot may have one
water -oriented accessory structure not meeting the normal structure
setback in Section 5.21 of this ordinance if this water -oriented
-i accessory structure complies with the following provisions:
(1) The structure or facility must not exceed ten feet in height,
exclusive of safety rails, and cannot occupy an area greater
than 250 square feet. Detached decks must not exceed eight
feet above grade at any point;
(2) The setback of the structure or facility from the ordinary high
water level must be at least ten feet,
(3) The structure or facility must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks or color, assuming
summer, leaf -on conditions;
(4) The roof may be used as a deck with safety rails, but must not
be enclosed or used as a storage area;
(5) The structure or facility must not be designed or used for
human habitation and must not contain water supply or
sewage treatment facilities; and
(6) As an alternative for general development and recreational
development waterbodies, water -oriented accessory structures
used solely for watercraft storage, and including storage of
related boating and water -oriented sporting equipment, may
occupy an area up to 400 square feet provided the maximum
width of the structure is 20 feet as measured parallel to the
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configuration of the shoreline.
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up
and down bluffs and steep slopes to shore areas. Stairways and lifts
must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width on
residential lots. Wider stairways may be used for commercial
properties, public open -space recreational properties, and
planned unit developments;
(2) Landings for stairways and lifts on residential lots must not
exceed 32 square feet in area. Landings larger than 32 square
feet may be used for commercial properties, public open -space
recreational properties, and planned unit developments;
(3) Canopies or roofs are not allowed on stairways, lifts, or
landings;
(4) 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;
(5) Stairways, lifts, and landings must be located in the most
visually inconspicuous portions of lots, as viewed from the
surface of the public water assuming summer, leaf -on
conditions, whenever practical; and
(6) 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 subitems (1) to (5) are complied with in addition
to the requirements of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on a significant
historic site in a manner that affects the values of the site unless
adequate information about the site has been removed and
documented in a public repository.
E. Steep Slopes. The (designed official) must
evaluate possible soil erosion impacts and development visibility from
public waters before issuing a permit for construction of sewage
treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary,
conditions must be attached to issued permits to prevent erosion and
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to preserve existing vegetation screening of structures, vehicles, and
other facilities as viewed from the surface of public waters, assuming
summer, leaf -on vegetation.
5.23 Height of Structures. All structures in residential districts, except churches
and nonresidential agricultural structures, must not exceed 25 feet in height.
5.3 Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent erosion into
public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values,
prevent bank slumping, and protect fish and wildlife habitat.
5.31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures and
sewage treatment systems and the construction of roads and parking
areas regulated by Section 5.4 of this ordinance are exempt from the
vegetation alteration standards that follow.
B. Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated in Sections 5.62 and 5.63,
respectfully, is allowed subject to the following standards:
(1) Intensive vegetation clearing within the shore and bluff impact
zones and on steep slopes is not allowed. Intensive
vegetation clearing for forest land conversion to another use
outside of these areas is allowable as a conditional use if an
erosion control and sedimentation plan is developed and
approved by the soil and water conservation District in which
the property is located.
(2) In shore and bluff impact zones and on steep slopes, limited
clearing of trees and shrubs and cutting, pruning, and trimming
of trees is allowed to provide a view to the water from the
principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, livestock
watering areas, beach and watercraft access areas, and
permitted water -oriented accessory structures or facilities,
provided that:
(a) The screening of structures, vehicles, or other facilities
as viewed from the water, assuming summer, leaf -on
conditions, is not substantially reduced;
(b) Along rivers, existing shading of water surfaces is
preserved; and
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(c) The above provisions are not applicable to the removal
of trees, limbs, or branches that are dead, diseased, or
pose safety hazards.
5.32 Topographic Alterations/Grading and Filling.
A. Grading and filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways under validly
issued construction permits for these facilities do not require the
issuance of a separate grading and filling permit. However, the
grading and filling standards in this Section must be incorporated into
the issuance of permits for construction of structures, sewage
treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this
ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling permit
will be required for:
(1) The movement of more than ten (10) cubic yards of material
on steep slopes or within shore or bluff impact zones; and
(2) The movement of more than 50 cubic yards of material outside
of steep slopes and shore and bluff impact zones.
D. The following considerations and conditions must be adhered to
during the issuance of construction permits, grading and filling
permits, conditional use permits, variances and subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must
be evaluated to determine how extensively the proposed
activity would affect the following functional qualities of the
wetland*:
(a) Sediment and pollutant trapping and retention,
(b) Storage of surface runoff to prevent or reduce flood
damage;
(c) Fish and wildlife habitat;
(d) Recreational use;
(e) Shoreline or bank stabilization; and
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(f) Noteworthiness, including special qualities such as
historic significance, critical habitat for endangered
plants and animals, or others.
*This evaluation must also include a determination of whether
the wetland alteration being proposed requires permits,
reviews, or approvals by other local, state, or federal agencies
such as a watershed District, the Minnesota Department of
Natural Resources, or the United States Army Corps of
Engineers. The applicant will be so advised.
(2) Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed
for the shortest time possible;
(3) Mulches or similar materials must be used, where necessary,
for temporary bare soil coverage, and a permanent vegetation
cover must be established as soon as possible,
(4) Methods to minimize soil erosion and to trap sediments before
they reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the
local soil and water conservation districts and the United
States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that
creates an unstable slope;
(7) Plans to place fill or excavated material on steep slopes must
be reviewed by qualified professionals for continued slope
stability and must not create finished slopes of 30 percent or
greater;
(8) Fill or excavated material must not be placed in bluff impact
zones;
(9) Any alterations below the ordinary high water level of public
waters must first be authorized by the commissioner under
Minnesota Statutes, 103G.245;
(10) Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not
adversely affect adjacent or nearby properties; and
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(11) Placement of natural rock rip -rap, including associated grading
of the shoreline and placement of a filter blanket, is permitted
if the finished slope does not exceed three feet horizontal to
one foot vertical, the landward extent of the rip -rap is within ten
feet of the ordinary high water level, and the height of the rip -
rap above the ordinary high water level does not exceed three
feet.
E. Connections to public waters. Excavations where the intended
purpose is connection to a public water, such as boat slips, canals,
lagoons, and harbors, must be controlled by local shoreland controls.
Permission for excavations may be given only after the commissioner
has approved the proposed connection to public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Documentation must be provided
by a qualified individual that all roads and parking areas are designed and
constructed to minimize and control erosion to public waters consistent with
the field office technical guides of the local soil and water conservation
District, or other applicable technical materials.
5.42 Roads, driveways, and parking areas must meet structure setbacks and
must not be placed within bluff and shore impact zones, when other
reasonable and feasible placement alternatives exist. If no alternatives exist,
they may be placed within these areas, and must be designed to minimize
adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and
access -related parking areas may be placed within shore impact zones
provided the vegetative screening and erosion control conditions of this
subpart are met. For private facilities, the grading and filling provisions of
Section 5.32 of this ordinance must be met.
5.5 Stormwater Management.
The following general and specific standards shall apply:
5.51 General Standards:
A. When possible, existing natural drainageways, wetlands, and
vegetated soil surfaces must be used to convey, store, filter, and
retain stormwater runoff before discharge to public waters.
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B. Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas
must be stabilized and protected as soon as possible and facilities or
methods used to retain sediment on the site.
C. When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle
stormwater runoff using natural features and vegetation, various types
of constructed facilities such as diversions, settling basins, skimming
devices, dikes, waterways, and ponds may be used. Preference must
be given to designs using surface drainage, vegetation, and infiltration
rather than buried pipes and man-made materials and facilities.
5.52 Specific Standards:
A. Impervious surface coverage of lots must not exceed 25 percent of
the lot area.
B. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they are
designed and installed consistent with the field office technical guide
of the local soil and water conservation districts.
C. New constructed stormwater outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface
debris before discharge.
5.6 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural,
Forestry and Extractive Uses and Mining of Metallic Minerals and Peat.
5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses.
A. Surface water -oriented commercial uses and industrial, public, or
semipublic uses with similar needs to have access to and use of
public waters may be located on parcels or lots with frontage on
public waters. Those uses with water -oriented needs must meet the
following standards:
(1) In addition to meeting impervious coverage limits, setbacks,
and other zoning standards in this ordinance, the uses must be
designed to incorporate topographic and vegetative screening
of parking areas and structures;
(2) Uses that require short-term watercraft mooring for patrons
must centralize these facilities and design them to avoid
obstructions of navigation and to be the minimum size
SMO -159.001 -28- 159-001-80
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necessary to meet the need; and
(3) Uses that depend on patrons arriving by watercraft may use
signs and lighting to convey needed information to the public,
subject to the following general standards:
(a) No advertising signs or supporting facilities for signs
may be placed in or upon public waters. Signs
conveying information or safety messages may be
placed in or on public waters by a public authority or
under a permit issued by the County sheriff;
(b) Signs may be placed, when necessary, within the shore
impact zone if they are designed and sized to be the
minimum necessary to convey needed information.
They must only convey the location and name of the
establishment and the general types of goods or
services available. The signs must not contain other
detailed information such as product brands and prices,
must not be located higher than ten feet above the
ground, and must not exceed 32 square feet in size. If
illuminated by artificial lights, the lights must be shielded
or directed to prevent illumination out across public
waters; and
(c) Other outside lighting may be located within the shore
impact zone or over public waters if it is used primarily
to illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out
across public waters. This does not preclude use of
navigational lights.
B. 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.
5.62 Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck
farming, sod farming, and wild crop harvesting are permitted uses if
steep slopes and shore and bluff impact zones are maintained in
permanent vegetation or operated under an approved conservation
plan (Resource Management Systems) consistent with the field office
technical guides of the local soil and water conservation districts or
SMO -159.001 -29- 159-001-80
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the United States Soil Conservation Service, as provided by a
qualified individual or agency. The shore impact zone for parcels with
permitted agricultural land uses is equal to a line parallel to and 50
feet from the ordinary high water level.
B. Animal feedlots must meet the following standards:
(1) New feedlots must not be located in the shoreland of
watercourses or in bluff impact zones and must meet a
minimum setback of 300 feet from the ordinary high water level
of all public waters basins; and
(2) Modifications or expansions to existing feedlots that are
located within 300 feet of the ordinary high water level or within
a bluff impact zone are allowed if they do not further encroach
into the existing ordinary high water level setback or encroach
on bluff impact zones.
5.63 Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the
Minnesota Nonpoint Source Pollution Assessment -Forestry and the
provisions of Water Quality in Forest Management "Best Management
Practices in Minnesota."
5.64 Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site
development and restoration plan must be developed, approved, and
followed over the course of operation of the site. The plan must
address dust, noise, possible pollutant discharges, hours and duration
of operation, and anticipated vegetation and topographic alterations.
It must also identify actions to be taken during operation to mitigate
adverse environmental impacts, particularly erosion, and must clearly
explain how the site will be rehabilitated after extractive activities end.
B. Setbacks for Processing Machinery. Processing machinery must be
located consistent with setback standards for structures from ordinary
high water levels of public waters and from bluffs.
5.65 Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat,
as defined in Minnesota Statutes, sections 93.44 to 93.51, shall be a
permitted use provided the provisions of Minnesota Statutes, sections 93.44
to 93.51, are satisfied.
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5.7 Conditional Uses
Conditional uses allowable within shoreland areas shall be subject to the review and
approval procedures, and criteria and conditions for review of conditional uses
established community -wide. The following additional evaluation criteria and
conditions apply within shoreland areas:
5.71 Evaluation criteria. A thorough evaluation of the waterbody and the
topographic, vegetation, and soils conditions on the site must be made to
ensure:
(1) The prevention of soil erosion or other possible pollution of public
waters, both during and after construction;
(2) The visibility of structures and other facilities as viewed from public
waters is limited;
(3) The site is adequate for water supply and on-site sewage treatment;
and
(4) The types, uses, and numbers of watercraft that the project will
generate are compatible in relation to the suitability of public waters
to safely accommodate these watercraft.
5.72 Conditions attached to conditional use permits. The
(designated body), upon consideration of the criteria listed above and the
purposes of this ordinance, shall attach such conditions to the issuance of
the conditional use permits as it deems necessary to fulfill the purposes of
this ordinance. Such conditions may include, but are not limited to, the
following.-
(1)
ollowing:
(1) Increased setbacks from the ordinary high water level;
(2) Limitations on the natural vegetation to be removed or the
requirement that additional vegetation be planted; and
(3) Special provisions for the location, design, and use of structures,
sewage treatment systems, watercraft launching and docking areas,
and vehicle parking areas.
5.8 Water Supply and Sewage Treatment
5.81 Water Supply. Any public or private supply of water for domestic purposes
must meet or exceed standards for water quality of the Minnesota
Department of Health and the Minnesota Pollution Control Agency.
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5.82 Sewage treatment. Any premises used for human occupancy must be
provided with an adequate method of sewage treatment, as follows:
A. Publicly -owned sewer systems must be used where available.
B. All private sewage treatment systems must meet or exceed the
Minnesota Pollution Control Agency's standards for individual sewage
treatment systems contained in the document titled, "Individual
Sewage Treatment Systems Standards, Chapter 7080", a copy of
which is hereby adopted by reference and declared to be a part of this
ordinance.
C. On-site sewage treatment systems must be set back from the ordinary
high water level in accordance with the setbacks contained in Section
5.21 of this ordinance.
D. All proposed sites for individual sewage treatment systems shall be
evaluated in accordance with the criteria in subitems (1)-(4). If the
determination of a site's suitability cannot be made with publicly
available, existing information, it shall then be the responsibility of the
applicant to provide sufficient soil borings and percolation tests from
on-site field investigations.
Evaluation criteria:
(1) Depth to the highest known or calculated ground water table
or bedrock;
(2) Soil conditions, properties, and permeability;
(3) Scope;
(4) The existence of lowlands, local surface depressions, and rock
outcrops;
E. Nonconforming sewage treatment systems shall be regulated and
upgraded in accordance with section 6.13 of this ordinance.
SECTION 6.0 - NONCONFORMITIES
All legally established nonconformities as of the date of this ordinance may continue, but
they will be managed according to applicable state statutes and other regulations of this
community for the subjects of alterations and additions, repair after damage,
discontinuance of use, and intensification of use; except that the following standards will
also apply in shoreland areas:
6.1 Construction on nonconforming lots of record.
A. Lots of record in the office of the County recorder on the date of enactment
of local shoreland controls that do not meet the requirements of Section 5.1
5N10-159.001 -32- 159-001-80
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of this ordinance may be allowed as building sites without variances from lot
size requirements provided the use is permitted in the zoning District, the lot
has been in separate ownership from abutting lands at all times since it
became substandard, was created compliant with official controls in effect at
the time, and sewage treatment and setback requirements of this ordinance
are met.
B. A variance from setback requirements must be obtained before any use,
sewage treatment system, or building permit is issued for a lot. In evaluating
the variance, the board of adjustment shall consider sewage treatment and
water supply capabilities or constraints of the lot and shall deny the variance
if adequate facilities cannot be provided.
C. If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Section 5.1 of this ordinance
the lot must not be considered as a separate parcel of land for the purposes
of sale or development. The lot must be combined with the one or more
contiguous lots so they equal one or more parcels of land, each meeting the
requirements of Section 5.1 of this ordinance as much as possible.
6.2 Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing
nonconforming structure must meet the setback, height, and other
requirements of Section 5.0 of this ordinance. Any deviation from these
requirements must be authorized by a variance pursuant to Section 3.3.
B. Deck additions may be allowed without a variance to a structure not meeting
the required setback from the ordinary high water level if all of the following
criteria and standards are met:
(1) The structure existed on the date the structure setbacks were
established;
(2) A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure;
(3) The deck encroachment toward the ordinary high water level does not
exceed 15 percent of the existing setback of the structure from the
ordinary high water level or does not encroach closer than 30 feet,
whichever is more restrictive, and
(4) The deck is constructed primarily of wood, and is not roofed or
screened.
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6.3 Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 5.8 of
this ordinance must be upgraded, at a minimum, at any time a permit or
variance of any type is required for any improvement on, or use of, the
property. For the purposes of this provision, a sewage treatment system
shall not be considered nonconforming if the only deficiency is the sewage
treatment system's improper setback from the ordinary high water level.
B. The governing body of (community name) has by
formal resolution notified the commissioner of its program to identify
nonconforming sewage treatment systems. The
(community name) will require upgrading or replacement of any
nonconforming system identified by this program within a reasonable period
of time which will not exceed 2 -years. Sewage systems installed according
to all applicable local shoreland management standards adopted under
Minnesota Statutes, section 105.485 [now 103F.201-.221] in effect at the
time of installation may be considered as conforming unless they are
determined to be failing, except that systems using cesspools, leaching pits,
seepage pits, or other deep disposal methods, or systems with less soil
treatment area separation above groundwater than required by the
Minnesota Pollution Control Agency's Chapter 7080 for design of on-site
sewage treatment systems, shall be considered nonconforming.
SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS
7.11 Land suitability. Each lot created through subdivision, including planned unit
developments authorized under Section 8.0 of this ordinance, must be
suitable in its natural state for the proposed use with minimal alteration.
Suitability analysis by the local unit of government shall consider
susceptibility to flooding, existence of wetlands, soil and rock formations with
severe limitations for development, severe erosion potential, steep
topography, inadequate water supply or sewage treatment capabilities,
near -shore aquatic conditions unsuitable for water-based recreation,
important fish and wildlife habitat, presence of significant historic sites, or any
other feature of the natural land likely to be harmful to the health, safety, or
welfare of future residents of the proposed subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official
controls of this community. A subdivision will not be approved where a later
variance from one or more standards in official controls would be needed to
use the lots for their intended purpose. In areas not served by publicly
owned sewer and water systems, a subdivision will not be approved unless
domestic water supply is available and a sewage treatment system
consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot
shall meet the minimum lot size and dimensional requirements of Section
5.1, including at least a minimum contiguous lawn area, that is free of limiting
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