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6. c Riparian Lots1 | P a g e Date of Meeting: August 1, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Review on Riparian Lot Definitions At their July 11, 2023, meeting, the Planning Commission briefly discussed how the Unified Development Code (UDC) defines certain elements of riparian lots. Staff has compiled the relevant sections of the UDC that address how riparian lots are defined. OVERVIEW OF UNIFIED DEVELOPMENT CODE 153.200 ZONING DISTRICTS 153.200.30 BASE ZONING DISTRICTS Subd. 3. Rural Residential Districts. The Rural Residential Districts are predominantly single- family principal uses with accessory uses and structures that support the rural character of the City. There are two distinct development patterns in this category including historically platted riparian and non-riparian lots abutting or in proximity to the lakes, and general rural residential patterns with larger lot configurations. The lands zoned for rural residential uses are categorized by two designations and are intended to provide a direct correlation between dimensional standards, use, and development patterns of the area Purpose of Rural Residential Neighborhood (RR-N) Zoning District. Lands zoned RR-N are the parcels adjoining, abutting, or a portion of which are within 1,000 feet of a lake with a public waters designation that were historically platted or divided into smaller lots for seasonal use. The use of these lots has generally transitioned to permanent year-round use with predominantly principal residential uses. Most parcels and lots in the RR-N District are at least 50% contained 2 | P a g e within the Shoreland Management Overlay (SM-O) District. In addition to the standards identified in this Section, the lots or parcels are subject to the regulations contained within Chapters 155 of the City Code and the Washington County St. Croix River District standards which are incorporated by reference herein. Land zoned RR-N are guided Agricultural Core and General Rural in the Comprehensive Plan. Rural Residential Neighborhood Zoning District Dimensional Standards. The following table is a summary of the RR-N District-specific dimensional standards for newly created lots or parcels with private well and septic systems. Table 153.200.030-8. Rural Residential Neighborhood (RR-N) Dimensional Standards – Density and Lot Size Lot Dimensions (only for lots created after the effective date of this UDC) Lot Size Lots in SM-O for Recreational Development Lake Lots in SM-O for Natural Environment Lake Existing Lot of Record (minimum) 0.92 Acres 1.84 Acres A New Lot (minimum) 2.0 Acres 2.0 Acres Density (maximum, apply to any new division of property) 4 DU/ 40 Acres 4 DU/ 40 Acres B Buildable Area (minimum, New Lot) 1.0 Acres 1.0 Acres C Lot Width (minimum if Riparian, New Lot) 150 Feet 200 Feet D Structure Setback from OHWL (minimum, Riparian) 100 Feet 150 Feet E Lot Frontage by Lot Size (minimum) • Less than 2.0 Acres 100 Feet • 2.0 – 3.0 Acres 160 Feet • 3.0 – 4.0 Acres 240 Feet • 4.0 Acres or Greater 300 Feet • If cul-de-sac lot 60 Feet Figure 153.200.030-7. Rural Residential – Neighborhood (RR-N) Dimensional Standards – Density and Lot Size Table 153.200.030-9. Rural Residential Neighborhood (RR-N) Dimensional Standards and Setbacks 3 | P a g e Principal and Accessory Structure Setbacks (Minimum) F Front • Minor Arterial 150 Feet from centerline, or 75 Feet from ROW, whichever is greater less • Major or Minor Collector 100 Feet from centerline, or 50 Feet from ROW, whichever is greater less • Any other Public Street 40 Feet G Side 10 Feet H Rear • Non-Riparian 50 Feet D • Riparian See OHWL Setback in Table 9 Accessory Structure Standards1 Location Outside all setbacks, if in front of principal structure see Character Standards Size 1,000 SF Residential Accessory Structure Number 1 Residential Accessory Structure Coverage and Height Standards (Maximum) Impervious Surface Coverage 25% I Principal Structure Height 35 Feet J Accessory Structure Height 35 Feet, but not taller than Principal Structure Other Standards Principal & Accessory Uses See Section 153.300.020-2 Table of Uses Character & Development See Section 153.400 1Accessory Structure Standards identified based on Minimum Lot Size. Accessory Structure Standards can be found in Subd. 6 of this Section. Figure 153.200.030-8. Rural Residential Neighborhood (RR-N) Dimensional Standards and Setbacks (Example RR-N, SM-O) 4 | P a g e 153.400 DEVELOPMENT, CHARACTER AND BUILDING STANDARDS 153.400.090 EXTERIOR STORAGE Subd. 2. Exterior Storage and Off-Street Parking for Residential and Agricultural Uses. Exterior storage shall be regulated by the following standards. Storage of Large Recreational Vehicles (LRV) or Recreation Camping Vehicles (RCV). Storage of large recreational vehicle or recreation camping vehicles is permitted on residential and agricultural parcels as follows: Lakeshore parcels. a. Boats, boat docks, and boat lifts may be stored outside on the lake side of lakeshore parcels between September 15 and May 30, and are not included in the total number of LRV or RCV permitted on those parcels in items B and C below. Parcels one-half acre (0.5 acre) or less in area. a. One LRV or RCV may be stored outside on the parcel. b. The vehicle must be stored entirely on the owner’s property and must be located at least five (5) feet from the side lot lines, and at least ten (10) feet from the rear lot line. c. If the physical conditions on the parcel (including but not limited to steep slopes, locations of wetlands, location of the principal structure) prevent the location of the LRV or RCV within the side or rear yard, the property owner may obtain an administrative permit authorizing the location of the vehicle in the front yard. Parcels larger than one-half acre (0.5 acres) in area: a. Up to two LRVs or RCVs may be stored on the parcel. b. The vehicles must be stored entirely on the owner’s property and must be located at least five (5) feet from the side lot lines, and at least ten (10) feet from the rear lot line. c. Storage any vehicle in the front yard must be located at least two hundred (200) feet from the road right-of-way 153.600 MASTER GLOSSARY 153.600.020 Definitions of Dimension, Measurement, Structure and Subdivision 44. Lot Line: A lot line is the property line bounding a lot, except that where any portion of a lot extends into a public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line. 45. Lot Line, Front: That boundary of a lot that abuts a public street or a private road. In the case of a corner lot, it shall be the shortest dimension of a public street. If the 5 | P a g e dimensions of a corner lot are equal, the front lot line shall be designated by the owner. In the case of a corner lot in a non-residential area, the lot shall be deemed to have frontage on both streets. 46. Lot Line, Rear: That boundary of a lot that is opposite to the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line. 75. Yard, Front: The yard across the full width of the lot extending from the front line of the principal building to the front lot line, except for buildings on Recreational or Natural Environment lakes where the front yard faces the water. 76. Yard, Rear: The yard across the full width of the lot extending from the rear line of the principal building to the rear lot line. 153.600.020 Definitions of Dimension, Standards and Terms 181. Recreation Vehicle, Camping: Any vehicle or structure which meets the following qualifications: (A) Any vehicular, portable structure mounted on wheels to be towed by a self- propelled vehicle, and designed to be used as temporary living quarters for travel, vacation uses or for recreational uses. Such structures include travel trailers, pop-up (including folding and retractable) campers, ice-fishing houses, and the like. (B) Any vehicular, portable structure designed to be mounted on a truck upon a self-propelled vehicle for use as temporary living quarters for travel, recreation, or vacation uses. Such structures include, but are not limited to, pick-up campers. (C) Any vehicular, portable structure mounted on wheels, designed to be used as temporary living quarters for travel, recreation, or vacation uses, and which is constructed as an integral part of a self-propelled vehicle. Such vehicles include motorhomes, mini-motorhomes, buses converted into campers, and the like. 182. Recreation Vehicle, Large (LRV): Recreational vehicles that are operable and licensed (if required) including but not limited to: travel trailers, chassis-mounted campers, motor homes, tent trailers, slide-in campers, airplanes, converted buses, snowmobiles and trailers, boats/watercraft and trailers, ice fish houses and trailers, all- terrain vehicles, and utility trailers. 6 | P a g e ANALYSIS Staff Analysis Section 153.600 establishes what is a front and rear lot line or yard. Using these definitions staff has determined that a riparian lot has two front yards, a front lot line that abuts the adjacent public street or private road, and a rear lot line that abuts the adjacent waterbody. Staff believes there are issues enforcing some parts of the code that could be alleviated by applying the same standard to rear yards as is applied to front yards for riparian lots. If the definition of Yard, Rear was amended to: The yard across the full width of the lot extending from the rear line of the principal building to the rear lot line, except for buildings on Recreational or Natural Environment lakes where the rear yard faces the public street or private road. The largest impact this has on the development of riparian lots is where accessory structures can be placed and where large vehicles and recreational vehicles can be parked. Accessory Structures Accessory structures must be placed within setbacks according to the RR-N district. The language within the UDC does not explicitly state that accessory structures are allowed between the road and the principal structure, but all imagery included within the UDC shows accessory structures located in the roadside front yard. Accessory structures that are used for detached accessory dwelling units (ADU) are restricted in the shoreland overlay as follows: 6.32 Accessory Dwelling Units are permitted as accessory uses on single-family residential lots and shall be governed by the standards in the Scandia Development Code, Chapter 2. A. A detached accessory dwelling unit must be located in the rear yard (between the primary dwelling and roadway on lakeshore parcels) or side yard and designed to reduce its visibility as viewed from public waters and adjacent shoreland by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions. Rear Lot Line Front Yard Front Lot Line Front Yard 7 | P a g e This restriction creates an issue with locating a detached ADU on lots in the shoreland overlay that are also zoned RR-N. The UDC defines the yards in such a way that a detached ADU could only be placed in the side yard under the rules of the shoreland ordinance. Exterior Storage With two front yards, there are difficulties in storing a Large Recreation Vehicle (LRV) or Camping Recreation Vehicle (CRV) on smaller riparian lots. According to the standards in 153.400, these types of vehicles are only allowed to be stored in the rear and side yards in parcels under 0.5 acres. A large number of existing riparian lots within the City are under 0.5 acres and this language restricts these lots to only having storage of LRV and CRV in side yards. This is not practical as many existing lots cannot accommodate a LRV or CRV within their side yard while still meeting the setback requirements for the storage. Effectively, the standards of the UDC do not allow for many riparian lots to accommodate exterior storage of LRVs or CRVs. RECOMMENDATION The Planning Commission should discuss the issue. If the Commission believes there to be an error in the code or wishes to amend the UDC, the Commission can recommend the issue to be considered by the City Council. Attachments A. Unified Development Code Section 153.200 Zoning Districts (link only) B. Unified Development Code Section 153.400 Zoning Districts (link only C. Unified Development Code Section 153.600 Master Glossary (link only) D. Zoning Map – City of Scandia 6, 01 8.7 Legend 0 4,213 Feet This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. 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