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HomeMy WebLinkAbout0708 ORDINANCE'NO. 708 CITY OF LAKVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE. CONCERNING DEFINITION OF BLUFF AREAS WITHIN THE SHORELAND OVERLAY DISTRICT. THE CITY COI7NCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION L Section 1 L-11-102-13.C of the Lakeville City Code is amended to read: Any new subdivisions, lot combinations or replats of existing lots of record shall be required to conform to the thirty (30') foot setback from the top of bluff based upon the definition within Section 11-2-3 of this Title. Structure setback on existing lots of record prior to March 1, 1993, shall be allowed up to twenty. (20') feet .from the top of bluff. The location of top of bluff for existing lots of record prior to .March 1, 1993 shall. be determined as provided for by Section 11-2-3 of this Title, except by conditional use permit to allow for expansion of existing principal .dwellings subject to the following requirements: (a) Top of the bluff is the point, visually observed, at a clearly identifiable break in the slope from steeper to gentler above the slope and away from the waterbody. If no break in the slope is apparent based on visual observation, the top of bluff shall be determined based upon the definition within Section 11-2-3 of this Title. (b) ..Toe of the. bluff is the point, visually observed, at a clearly identifiable break in the slope from gentler to steeper above the slope-and away from the waterbody. if no break in the slope is apparent based upon visual observation, the toe of bluff shall be determined based upon the definition within Section 11-2-3 of this Title. (c) Any development allowed under the alternative definition for top of the bluff wilt not increase the area or rate of stormwater drainage towards the waterbody. (d) Engineered grading and construction plans for any structures are provided demonstrating that the development will not degrade the physical integrity of the bluff.. (e) A shoreland impact plan is prepared and submitted in accordance with Section. 11-102-17 of this Title. (f) In addition to the information required by Sections 11-4-5 and 11- 102-17 of this Title, application for aCUP-under this subsection shall require submission of a cross-section of the. parcel, drawn to scale, identifying the following: (a) Ordinary High Water Mark. (b) Toe of the bluff. (c) Top of the bluff.. (d) Bluff Impact Zone. (e) Structure location(s). SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 18`t' day of March 2002, by the City Council of the City of Lakeville,. Minnesota. CITY OF LAtKEVILLE ~ r f Robert D. Johnso~i Mayar ATTEST: f,, l A BY: ~ Charlene Friedges, City Jerk PUBLIC NOTICE ORDINANCE NO. 708 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE CON- CERNING DEFINITION OF BLUFF AREAS WITHIN THE SHORELAND OVERLAY DISTRICT. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 11-11-102-13.0 **** of the Lakeville City Code is amended to read: **** Any new subdivisions, lot combinations or replats of existing lots of record shall be required to conform to the thirty (30') foot setback from the top of bluff based upon the definition within Section 11-2-3 of this Title. Structure setback on existing lots of record prior to March 1, 1993, shall be allowed up to twenty (20') feet from the top of bluff. The location of top of bluff for exist- ing lots of record prior to March 1, 1993, shall be determined as provided for by Section 11-2-3 of this Title, except by condi- tional use permit to allow for expansion of existing principal dwellings subject to the following requirements: (a) Top of the bluff is the point, visually observed, at a clearly identifiable break in the slope from steeper to gentler above the slope and away from the waterbody. If no break in the slope is apparent based on visual observation, the top of bluff shall be determined based upon the definition within Section 11-2-3 of this Title. (b) Toe of the bluff is the point, visually observed, at a clearly identifiable break in the slope from gentler to steeper above the slope and away from the waterbody. If no break in the slope is apparent based upon visual observation, the tae of bluff shall be determined based upon the definition within Section 11-2-3 of this Title. (c) Any development allowed under the altemative definition for top of the bluff will not increase the area or rate of stormwater drainage towards the water - body. (d) Engineered grading and construction plans for any structures are provided demonstrating that the development will not degrade the physical integrity of the bluff. (e) A shoreland impact plan is prepared and submitted in accordance with Section 11-102-17 of this Title. (f) In addition to the information required by Sections 11-4-5 and 11-102-17 of this Title, application for a CUP under this subsection shall require submission of a cross-section of the parcel, drawn to scale, identifying the following: (a) Ordinary High Water Mark. (b) Toe of the bluff. (c) Top of the bluff. (d) Bluff Impact Zone. (e) Structure location(s). SECTION 2. -This ordinance shall be effec- tive immediately upon its passage and publica- tion. ADOPTED this 18th day of March 2002, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: BY: Charlene Friedges, City Clerk T403 3/23/02 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Thisweek-Life & Times, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 33 IA.07 and other applic- able laws, as amended. (B)The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once e saweessive-weeks; it was first published on Saturday, th49c{C-e day of c'e. ro Da, and was thereafter printed and published on every Saturday to and including Saturday, the day of , ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abate fghijklmnopgrstuvwxyz BY: / 4L i� Ll�t/J � TITLE: Secretary Subscribed and sworn to before me on this .C.- ' V l day of r'i c VDe ao,32 Notary Public • a ■ CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005