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:
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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.
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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
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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:
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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
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