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95-074 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 95-7 RESOLUTION ACKNOWLEDGING TYPOGRAPHICAL ERRORS IN OTSEGO WILD AND SCENIC ORDINANCE ADOPTED DECEMBER 27, 1994 AND SUBMITTED TO DNR FOR CERTIFICATION WHEREAS, the City of Otsego has received correspondence dated January 18, 1995 from the authorized representative of the Minnesota Department of Natural Resources indicating that the above referenced ordinance will be certified upon receipt of this resolution and copies of corrected ordinance pages; and WHEREAS, the City of Otsego is acting in reliance upon the above stated representations of the authorized representative of DNR; and WHEREAS, DNR has requested that these corrections be made in Ordinance 94-2 in order to comply with the earlier numerous drafts submitted to DNR; and WHEREAS, the City of Otsego wishes to end the long ordeal with DNR regarding the Wild and Scenic district; and WHEREAS, the Ordinance as adopted contains certain typographical - errors. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO that the correct and intended text of the Wild and Scenic Ordinance adopted by the Otsego City Council on December 27, 1994 is as contained on the attached pages. ADOPTED this 23rd day of January, 1995 by the Otsego City Council. IN FAVOR: Norman F Freske, Mayor, Larry Fournier, Ron Black, Vern Heidner, and Suzanne M.S. Ackerman, Council Members OPPOSED: No One NormNfi F. Freske, Mayor r -acne Beatty, City Clerw permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. 5. Planned Cluster Development: A pattern of subdivision development which places housing units into compact groupings while providing a commonly owned or dedicated open space. 6. Selective Cutting: The removal of single scattered trees. 7. Setback: The minimum horizontal distance between a structure and the ordinary high water level, bluff line, road or highway, for purposes of the WSRR District, this definition supersedes the setback definition in 20-2-2. 8. Single Family Dwelling: A detached building containing one dwelling unit. Section 3. Section 20-2-2, definition of Zoning District Overlay is amended to read as follows: Zoning District Overlay: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations. In the case of a conflict of said regulations the more restrictive shall apply. Section 4. Section 20-5-3.A.3.d. and 20-5-3.B.2.d. of the Otsego City Code (variance processing procedures) are both amended to read as follows: 1. For properties within the Shoreland Overlay Districts and/or the Floodway or Flood Fringe Overlay District, the City shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the City Council meeting where it is to be heard. For properties within the Wild and Scenic Recreational River District, the City shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least thirty (30) days notice of the City Council meeting where it is to be heard. Section S. Section 20-17-3 of the City Code (Building Height Regulations) is amended to read as follows: 20-17-3: HEIGHT: 2 8. Forestry uses. 9. Essential services. 10. Sewage treatment systems. 11. Private roads -and minor public streets. 12. Signs approved by federal, state, or local government which are necessary for public health and safety and signs indicating areas that are available or not available for public use. 13. Signs not visible from the river that are not specified in (12). 14. Governmental resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads. If the base zoning is more restrictive, those more restrictive provisions apply. All uses not listed as permitted or conditional uses shall not be allowed. B. Within the WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23. West and the WSRR District west of CSAH 42 (formerly CSAH 36) in Section 26, Township 121 North, Range 23 West, (Subdistrict B) the following are permitted uses: 1. Those permitted and accessory use designations as defined, and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as B-1, B-21 B-3, B -W, B -C, I-11 I-2, INS and PUD, and in Sections 20-62 through 20-70. These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 6120.3200. C. Within the WSRR District within Sections 10, 14, 15, 16, 17, 23, 25, 26, and 36, Township 121 North, Range 23 West not listed within B. above, -(Subdistrict C) the following are permitted uses: 1. Those permitted and accessory use designations as defined and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as A-1, A-2, R-1, R-2 and PUD, and in Sections 20-51, 20-52, 20-53, 20-54, and 20-70. 7 These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 6120.3200. 20-74-6: CONDITIONAL USES: An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Section 4 of this Chapter and subject to other more restrictive limitations which may be imposed by this Chapter. The following uses may be allowed as a conditional use in the WSRR District: A. Within the WSRR District within Sections 10, 11, 13, 14, and 15, Township 121 North, Range 24 West and Sections 7 and 18, Township 121 North, Range 23 West, (Subdistrict A) the following are conditional uses: 1. Private campgrounds, subject to management plan specifications. 2. other private open space recreational uses, subject to management plan specifications. 3. Underground mining that does not involve surface excavation in the land use district. 4. Utility transmission power lines and pipelines subject to the provisions of Section 74-13. 5. Public roads, subject to the provisions in Section 74-14. If the base zoning is more restrictive, those more restrictive provisions apply. All uses not listed as permitted or conditional uses shall not be allowed. B. Within the WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West and the WSRR District west of CSAH 42 (formerly CSAR 36) in Section 26, Township 121 North, Range 23 West, (Subdistrict B) the following are conditional uses: 1. Those conditional and - interim use designations as defined and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as B-1, B-2, B-3, B -W, B -C, I-1, I-2, INS and PUD, and in Sections 20-62 through 20-70. These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 8 a. Setback from ordinary high water level of Otsego Creek (sec. 17) and Mississippi River: 100 feet 75 feet b. Bluff line: 30 feet 30 feet 4. Impervious Surface Requirements: Maximum total lot area covered by impervious surface shall be twenty- five percent (25%) and not subject to variability. 20-74-8: BUILDING HEIGHT: The following minimum requirements shall be observed in the WSRR District: A. The maximum height of principal structures shall not exceed thirty-five (35) feet. B. The maximum height of accessory structures shall not exceed thirty-five (35) feet. 20-74-9: ADDITIONAL STRUCTURE AND USE STANDARDS: A. Placement of Structures: Structures shall not be located on slopes greater than twelve (12) percent except by conditional use permit as provided for in Section 74-6.D of this Chapter. B. Maximum Density: The maximum density in the WSRR District shall not exceed one dwelling unit per lot. C. Multiple Unit Dwelling Structures: Subdivisions of duplexes, triplexes, and quads shall 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 and; 3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building. D. Storm Water Management. Subject to other more restrictive limitations which may be imposed by this Chapter or other Chapters of the City Code, the following general and specific standards shall apply: 15 D. There is not more than one centralized boat launching facility for each cluster. E. The only uses that shall be allowed within the development are those allowed in Section 20-74-5 and 20- 74-6 for the applicable geographic subdistrict. F. For planned cluster or unit developments within the WSRR District in Sections 10, 14, 15, 16, 17, 23, 25, 26, and 36, Township 121 North, Range 23 West, (Subdistricts B and C), the provisions of Section 20-71-17 shall be satisfied. G. Under the joint application of standards, the more restrictive provisions of this Chapter shall apply. 20-74-21: VARIANCES: The grant of a variance requires the presence of the following conditions: A. The strict enforcement of the land use controls will result in unnecessary hardship. B. Granting of the variance is not contrary to the purpose and intent of this ordinance and is consistent with the Minnesota Rules, parts 6105.0010-6105.0250 and 6105.0800- 6105.0960. C. There are exceptional circumstances unique to the subject property which were not created by the landowner. D. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. D. Granting of the variance will not alter the essential character of the locality. F. Exception: Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width requirements of this ordinance. 20-74-22: NOTIFICATION OF PROPOSED ZONING AMENDMENTS, CONDITIONAL USE PERMITS, VARIANCES, AND INCONSISTENT PLATS: A. The City Zoning Administrator shall submit to the 26