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09.c Water-Oriented Accessory Structures and Facilities - CC Packet 1 | P a g e Date of Meeting: September 17, 2024 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Discussion of Water-Oriented Accessory Structures and Facilities in the Shoreland District City staff have prepared a draft language for a shoreland ordinance to allow for water-oriented accessory structures and facilities within the ordinary high-water level setback required by the shoreland ordinance. BACKGROUND In the past year, the City has received multiple requests for variances to allow for structures or facilities within the setback of the ordinary high-water level (OHWL) as well as a number of violations of these types of structures and facilities illegally existing. The Shoreland Ordinance, Ordinance 198 or Chapter 155 in the Unified Development Code (UDC), prohibits structures and impervious surfaces within the OHWL setback. The City’s shoreland ordinance is more restrictive than the model ordinance published by the Department of Natural Resources (DNR) The DNR model ordinance was most recently revised in April of 2022. The City adopted the shoreland ordinance on May 15, 2018, and the ordinance was last amended in March of 2024. The model ordinance includes the following standards for water-oriented accessory structures (WOAS): 2.0 GENERAL PROVISIONS AND DEFINITIONS 2.5 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance its most reasonable 2.562 Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, and detached decks. Boathouses and boat 2 | P a g e storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structures. 7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES 7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions: 7.31 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. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios; 7.32 The structure or facility is not in the Bluff Impact Zone; 7.33 The setback of the structure or facility from the ordinary high water level must be at least ten feet; 7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; 7.35 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; 7.36 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area; 7.37 The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; 7.38 As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related 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 shoreline; and 7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration Staff have reviewed these standards and draft language specific to Scandia. 3 | P a g e OVERVIEW OF DRAFT LANGUAGE Staff have developed draft language based on the model ordinance. Generally, changes that have been made are more restrictive than the model ordinance, which the DNR has been favorable towards in the past. Staff drafted a preliminary version of the language and shared it with the Carnelian-Marine-St. Croix Watershed District, the Comfort Lake Forest Lake Watershed District, and the Rice Creek Watershed District. Their comments were incorporated where relevant and some comments are included from the watersheds. Draft language is provided with commentary regarding the standard is provided after. Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structures. No changes from the model ordinance. The term facility here can be somewhat confusing, but within the description patios and decks that do not require a building permit would not be considered structures, so the facility allows for features outside structures. 7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure or and one water-oriented facility if it complies with the following provisions: In discussions regarding the amendment with staff and the watershed districts, the restriction of one structure or facility was considered to be potentially unnecessary if the City could set limits on total square footage, which is done below in 7.32. The DNR confirmed that this is something that they would be open to as a variation from the model ordinance. The Council should discuss if there is a desire to change the language from the model ordinance. 7.31 No water-oriented accessory structure or facility shall be constructed until an Administrative Permit has been issued. The model ordinance does not require a permit to allow for WOAS, but also sets a lower setback than staff is proposing. Staff believes it would be prudent to require an administrative permit, otherwise, facilities such as patios could be installed without review by the City and would be more likely to not be compliant with the shoreland ordinance and zoning standards. 7.32 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 in total between all water-oriented accessory structures. The structure or facility 4 | P a g e may include detached decks not exceeding eight feet above grade at any point or at-grade patios; Staff have included additional language here to note that the maximum allowed area for WOAS is 250 sq. ft. since the language has been modified to allow for both a structure and facility. 7.33 The structure or facility is not in the Bluff Impact Zone or Shoreland Impact Zone; 7.3X The setback of the structure or facility from the ordinary high water level must be at least ten feet; The model ordinance sets a setback for WOAS of 10 ft. from the OHWL. Staff originally thought to propose that a WOAS must be located outside of the bluff impact zone (BIZ) and shoreland impact zone (SIZ). Locating a WOAS outside of the BIZ is a requirement of the model ordinance. Locating WOAS outside of the SIZ would require that the WOAS be located 50 ft. from the OHWL on Recreation Development lakes and 100 ft. on Natural Environment lakes. Other options could be to allow a consistent 50 ft. setback regardless of lake classification or allowing the 10 ft. setback with additional requirements noted below. Staff is unsure if allowing WOAS within 10 ft. of the OHWL would be consistent with the existing character of shorelines and traditionally, encroachments for structures of facilities have been required to be minimized. There are a number of options that the Council could consider when determining the required setback: • 10 ft. setback of the model ordinance. • Shoreland Impact Zone as the setback. • 50 ft. setback • CMSCWD suggested allowing the 10 ft. setback if a portion of the SIZ was restored to natural vegetation and potentially restoring the view corridor required by 8.23 of the shoreland ordinance. 7.34 Water-oriented accessory structures or facilities, including patios, must meet the structure setbacks for the zoning district in which it is located. This standard is not in the model ordinance and is inherently required for structures, but staff included it to ensure patios are setback and those reading the code would know to refer to zoning district setbacks. 7.35 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; No changes from the model ordinance. 7.36 The structure or facility must be treated screened to reduce visibility as viewed from public waters and adjacent shorelands by native vegetation, 5 | P a g e assuming summer, leaf-on conditions, and topography. Additional screening may be required and may include increased setbacks or and visually inconspicuous colors, assuming summer, leaf-on conditions; Staff have modified the standards for screening to require any permanent improvement be screened. WOAS such as brick walls around a fire pit or sheds would need to be screened with vegetation and maintained in perpetuity. A WOAS such as a structure without walls but with vertical poles (gazebo) would require screening of vertical poles. Items like chairs, tables, and portable fire pits within the structure or facility would not need to be screened. 7.37 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area; No changes from the model ordinance. 7.38 The structure or facility must not be designed or used for human habitation and must not contain or be connected to water supply or sewage treatment facilities; Modifications made for clarity. 7.38 As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related 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 shoreline; and Staff recommends eliminating the provision to allow for a larger structure. If a provision to allow for larger structures or facilities was desired by the Council, staff would recommend maintaining the 20 ft. width of the structure and propose additional screening requirements. 7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is designed to accommodate internal flooding, 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. No changes from the model ordinance. 6 | P a g e ANALYSIS Staff Analysis Staff believes that the proposed changes will allow for greater use of properties that are impacted by OHWL setbacks while maintaining and increasing the amount of vegetation and screening along shorelines. RECOMMENDATION Staff is requesting the Council discuss the proposed language at a high level and notify staff if there are concerns regarding the language. If the Council directs staff to proceed with the preparation of the amendment, the language will be heard at a public hearing at the Planning Commission and be brought forward to the Council for approval. Staff is requesting direction to prepare an ordinance to amend the shoreland ordinance as detailed above. Attachments A. Comparison of Shoreland Management Model Ordinance and Language Prepared by City Staff B. Zoning Map – City of Scandia Model Ordinance Draft Language Note 2.562 Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structures. Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, and detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structures. No changes from the model ordinance. The term facility here can be somewhat confusing, but within the description patios and decks that do not require a building permit would not be considered structures, so the facility allows for features outside structures. 7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions: 7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure and one water-oriented facility if it complies with the following provisions: In discussions regarding the amendment with staff and the watershed districts, the restriction of one structure or facility was considered to be potentially unnecessary if the City could set limits on total square footage, which is done below in 7.32. The DNR confirmed that this is something that they would be open to as a variation from the model ordinance. The Council should discuss if there is a desire to change the language from the model ordinance. 7.31 No water-oriented accessory structure or facility shall be constructed until an Administrative Permit has been issued. The model ordinance does not require a permit to allow for WOAS, but also sets a lower setback than staff is proposing. Staff believes it would be prudent to require an administrative permit, otherwise facilities such as patios could be installed without review by the City and would be more likely to not be compliant with the shoreland ordinance and zoning standards. 7.31 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. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at- grade patios; 7.32 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 in total between all water-oriented accessory structures. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios; Staff have included additional language here to note that the maximum allowed area for WOAS is 250 sq. ft. since the language has been modified to allow for both a structure and facility. 7.32 The structure or facility is not in the Bluff Impact Zone;7.33 The structure or facility is not in the Bluff Impact Zone or Shoreland Impact Zone; 7.33 The setback of the structure or facility from the ordinary high water level must be at least ten feet;Removed 7.34 Water-oriented accessory structure or facilities, including patios, must meet the structure setbacks for the zoning district in which it is located. This standard is not in the model ordinance and is inherently required for structures, but staff included it to ensure patios are setback and those reading the code would know to refer to zoning district setbacks. 7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; 7.35 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; No changes from the model ordinance. Staff originally though to propose that the WOAS must be located outside of the bluff impact zone (BIZ) and shoreland impact zone (SIZ). Locating a WOAS outside of the BIZ is a requirement of the model ordinance. Locating WOAS outside of the SIZ would require that the WOAS be located 50 ft. from the OHWL on Recreation Development lakes and 100 ft. on Natural Environment lakes. In discussions with the watershed staff discussed a consistent 50 ft. setback regardless of lake classification or allowing the 10 ft. setback with additional requirements noted below. The model ordinance sets a setback for WOAS of 10 ft. from the OHWL. Staff is unsure if allowing WOAS within 10 ft. of the OHWL would be consistent with the existing character of shorelines and traditionally, encroachments for structures of facilities have been required to be minimized. There are a number of options that the Council could consider when determining the required setback: •10 ft. setback of the model ordinance. •Shoreland Impact Zone as the setback. •50 ft. setback •CMSCWD suggested allowing the 10 ft. setback if a portion of the SIZ was restored to natural vegetation and potentially restoring the view corridor required by 8.23 of the shoreland ordinance. 7.35 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; 7.36 The structure or facility must be screened to reduce visibility as viewed from public waters and adjacent shorelands by native vegetation, assuming summer, leaf-on conditions, and topography. Additional screening may be required and may include increased setbacks and visually inconspicuous colors; Staff have modified the standards for screening to require any permanent improvement be screened. WOAS such as brick walls around a fire pit or sheds would need to be screened with vegetation and maintained in perpetuity. A WOAS such as a structure without walls but with vertical poles (gazebo) would require screening of vertical poles. Items like chairs, tables, portable fire pits within the structure or facility would not need to be screened. 7.36 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area; 7.37 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area;No changes from the model ordinance. 7.37 The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; 7.38 The structure or facility must not be designed or used for human habitation and must not contain or be connected to water supply or sewage treatment facilities; Modifications made for clarity and to prohibit connections to existing systems 7.38 As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related 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 shoreline; and Removed Staff recommend eliminating the provision to allow for a larger structure. If this was desired by the Council staff would recommend maintaining the 20 ft. width of the structure and additional screening requirements. 7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is designed to accommodate internal flooding, 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. 7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is designed to accommodate internal flooding, 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. No changes from the model ordinance.