3A - Minor Ordinance Amendments and Updating of New State Statutes

Home Browse Search

COMMUNITYGROWTH city of I N S T I T U T E , of Ey rt.in Smell Town Planning e's.-•...— STAFF REPORT Application: Minor Ordinance Amendments and Updating of New State Statutes Applicant: City of Pequot Lakes Agenda Item:3a Background Information: The City of Pequot Lakes, once a year, conducts a public hearing to clear up any minor issues with the Ordinance.These are not amendments that change City policy or regulations but help ensure the document to be clear of any errors or incorrect references. The section where a minor error has been found is in section 17- 11.2, Board of Adjustment. The City of Pequot Lakes at this time is also updating the Ordinance to reflect changes in state law. These changes do change City policy and regulations. The new laws create a need to amend the Ordinance to bring them into compliance with state law. The new laws being presented at this time relate to non-conforming lots and requiring the establishment of an escrow account for plats. Modifications have been made to sections 4.3,4.4 and 11.q. The first Ordinance Amendment, dealing with the use of pre-existing lots, essentially makes any lot buildable in the shoreland area so long as all structure and septic system setback requirements can be met. A Type 1 sewage treatment system must also be able to be installed on the lot. Finally, impervious surface cover must not exceed the maximum allowed in the underlying zone. The amendment also says that if two or more contiguous lots are under common ownership, the lots must be considered separate parcels for the purpose of sale or development if certain criteria can be met. If the criteria cannot be met, said lots must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. Lastly, the new Ordinance allows for the individual sale of contiguous non-conforming lots in the shoreland area if said lots have habitable residential dwellings on both lots, if certain sewer system criteria can be met. The second Ordinance Amendment allows the City to require any applicant (variance, land use permit, conditional use permit, etc.)to address storm water runoff issues,when appropriate. The last Amendment allows for the City to require an escrow account for subdivision applications. The money put into the account would cover the costs associated with review, approval and inspection of the project. The resolution is attached for your review. Planning Commission Direction: The Planning Commission may recommend approval of the language, either with or without changes to the text provided here. Guidance can be given to staff for modifications to be presented at the next meeting. There is no requirement that the Planning Commission must act at this time. Pequot Lakes Staff Report 3(a)-1 December 17, 2009