Planning Commission Agenda Packet 04-18-1978J
MONTICELLO PLANNING COMMISSION
r
R.EGULAR MEETING
Tuesday, April 18, 1978 - 7:30 P.M.
Chairman: Jim Ridgeway.
Members: Fran Fair, Fred Topel, Denton Erickson, Dave Bauer.
Loren Klein (ex -officio) .
1. Public Hearing - Conditional Use Permit - Pet Hospital.
Applicants Mr. Sam Peraro, Jr.
2. Public Hearing - Conditional Use Renewal - J. W. Miller.
3. Continued Public Heariag - Consideration of Rezoning Harold
Ruff Property from Residential (R-1, R-2, and R-3), to Heavy
Industrial (I-2).
4. Public Hearing - Consideration of Preliminary Plat - Balboul
Estates.
S. Consideration of a Sideyard Variance - Tom St. Hilaire.
6. Consideration of Gran ting a Variance to Allow A Driveway
to Extend to the Property Line.
7. Consideration of Granting a Variance Permit to Allow a Driveway
Nearer than 310" to a Sideyard Property Line.
V/8. Approval of minutes - March 21 and April 11, 1978.
9. Unfinished business.
10. Now business.
AGENDA SUPPLEMENT
,enda Item 1, Public Hearing - Conditional Use Permit - Pet Hospital.
Applicant: Mr. Sam Peraro, Jr.
Mr. Sam Peraro is applying for a Conditional Use Permit
to remodel the former "Pro Mart" building, presently
occupied by "The Printing Place," into a Pet Hospital
(B-3 Conditional Use).
This property is included in a Purchase Agreement
between Mr. Peraro and Dr. Joel Erickson, pending
approval or denial of this Conditional Use Permit.
Dr. Erickson has chosen to waive two previous Condi-
tional Use Permits because of their financial aspects
and purchase a building of his own rather than lease
one.
There is unmarked hard surface parking spaces avail-
able there for at least 22 automobiles although
the required parking would be for only 17 vehicles.
Since this property is already zoned B-3, only a
Conditional Use Permit would be necessary. The
following are conditions for a Pet Hospital .in a
B-3 zone.:
1. No pets or kennels oiitside.
2. Annual inspections by the City Health
Officer at owner expense.
3. All animals must be, leashed.
4. Treatment would be limited to small domesti-
cated animals J►+f ^. t Ar. 't-�._ ofp-1 0: LOF
5. Sideyard setbacks would bi. iff 'et, ►n,;17M —6 dI`V_%
of 10 fent..
6. No outside storage of carcasses;.
ty;
POSSIBLE, AC'T'ION: Consideration of a Conditional Use
Permit, request.
4 REFI'.R6NCIiS: Enclosed map.
Agenda Item 2. Public- Hearing - Conditional Use Renewal • J. W. Miller.
Mr. J. W. Miller is requesting a Conditional Use Permit
renewal for a permit previously granted him for a
proposed 4-plex un the N.W. corner of 4th & Minnesota
Streets (Lot, S - Block 27)• and a variance per -mit
for• an R' sideyard setback. Variances and Conditional
Use Permits lapse after one year.
You may want to note that at the time the original
Conditional Use Permit was granted, a multi.ple family
dwelling was allowed on a 2,000 sq. ft. per unit
lot, or .in this case an 8,000 sq. ft. lot. However,
now the city is contemplating an ordinance change
that would require this multiple family housing
proposal to be on a 8,000 sq. ft. lot for• the first
unit and an additional 2,500 sq. ft. of lot for
each 2 bed room apartment, thereby requiring this
4-pl ex have a lot size of 15,500 sq. ft.
There is presently 10,690 sq. ft. on this property,
which is about 70% of the possible new requirement.
In the ordinance change proposal, there is also
suggested that covered parking be required at the
rate of one stall enclosed for• each 2 dwelling units.
It should be noted that, Mr. Miller's proposal for
covered parking is double that of the proposed re-
quirement and he would have 4 parking spaces, which
would be within the proposed 4-plex as Luck -under•
garages.
POSSIBLE ACTION: Consideration of approval of a
Conditional Use Permit and a Variance.
REFERENCES: Enclusud map.
Agenda Item 3. Continued Public Hearing - Consideration of Rezonine
Havold Ruff Property from Residential (R-1. R-2.and
R-3). to Ilcavy Industrial (I-2).
'['his hearing has been vont.inued from the Planning
Commission's last regular meeting of March 219 1978.
Please refer to the supplement, that accompanied the
agenda for March 21, 1978 for background on this item.
At the conclusion of the hearing at the mect.ing a motion
was made and carried to request the city attorney have a
legalopinion available by the next. Planning Commission
meetine.
The Planning Commission chairman, along with the acting
mayor and the mayor and myself have met. with our city at.torncy
on two occasions since the March 21 hearing, rind Gary Pringle
will he at. 'Tuesday night.'s meeting to review the city's
position relative to the matter.
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4-18-78
Following are some additional comments relative to the
issue:
1) The purpose of the heavy industrial district accord-
ing to our ordinance is to provide for the establishment
of heavy industrial and manufacturing development and use
which because of the nature of the product or character of
activity requires isolation from residential or commercial
use.
2) Mr. Harold Ruff occupies a residence just east of
the main building for the auto salvage yard and this area
is included in the rezoning request to go to heavy indus-
trial. Tn effect then, if this were approved, his home
would be then nonconforming and it would not be allowed to
be expanded or rebuilt in case of a fire or whatever
disaster may occur.
3) The State highway Department does have provisions
within the statutes that, would require the area to be
effectively screened from the interstate highway and the
state and federal government would conatruct an effective
screen and would pay for the same. however, if the area
is rezoned to heavy industrial, it would not be available
for such funds. It was pointed out that the state would
require the city t.o amend its current ordinanc0 to allow
the use at least. as a nonconforming use without requiring
the amortization period that the city now has within it&
ordinance. Ilythis I mean where the city may not want. to
rezone the area to industrial, at. the same time the state
would not put up a fence if the city were going to amortize
the use out over a certain period of time because then 1.110
funds in effect, would not, be necessary.
4) It' the area were rezoned to heavy industrial, there
would be no buffer in the residential areas so in effect.,
you would have a situation where you go from heavy indus-
trial directly into R -I, R-2 and R-3 areas. Normally the
city has avoided this predicament by going from an indus-
trial to it commercial to a residential zoning district..
Apparently one of the concerns of Mr. Ruff is that if he
is it nonconforming use he would like to build a building
eventually out on his site and normally this is not allow-
able when the present. zoning of a piece of property is non-
conforming. however, Gary Pringle has been asked to review
this item and to see it' there is a feasible way that, the
city could possibly allow such a building which may in
effect, lebsen the nonconformity. However, the issue of
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4-18-78
a building permit request is not before the Planning
Commission tonight and of course, obviously, cannot be
approved. However, possibly an indication could be made
that if there was a way that the Planning Commission may
be receptive to at least looking at that possibility.
S) When the city annexed the property in September 19,,
1974 there was no zoning of the land done by either the
county or the township at that time, so in effect, the
area was zoned for the first time by the City of Monticello
and there was no opposition either from Mr. Ruff or any of
the surrounding property owners at that time. There has
been some indication from Mr. William Hoffman that the
area was previously commercial or industrial in nature.
This may be true, but it wasn't a commercial or industrial
zoning district.
POSSIBLE ACTION: Consideration of recommending approval
or denial of rezoning request.
REFERENCES: March 21 Agenda Supplement and background
information and March 21, 1978 minutes relative to the
matter.
Agenda Item 4. Public Hearing - Consideration of Preliminary Plat -
Balboul Estates.
Mr. Elie Balboul is proposing a 16.76 acre plat just west
of Anders Wilhelm Estates. (See enclosed map.)
Proposed platting is for 31 residential lots ranging in
size from 12,100 square feet to 24,100 square feet. The
proposed use would conform to present and future zoning
and the comprehensive plan for this area. It would appear
that all city ordinances are met relative to minimum lot
sizes and widths. Additionally an area of approximately
3.1 acres is proposed for park land. This dedication for
park land would be more than adequate to meet the city's
requirement of 10% of any new development be dedicated for
park development.
Our engineers, Orr-Schelen-Mayeron A Assoc., are reviewing
the proposed plat and their comments should bo available
by Tuesday night's meeting. Specifically, I have asked
them to look at the proposed park dedication to determine
the suitability of the soils as this land is apparently
somewhat low and could be somewhat swampy. This is not
to say that tho area could not be used for ponding or
that swamp land by itself cannot be left in its natural
state to look actually aesthetically pleasing to the
area. It would seem well that in some cases rather than
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4-18-78
to have an active playground park in all areas that some-
times just open space with some natural amenities, ponds,
trees, would certainly be appropriate and enhance the area
maybe even more than an improved park.
POSSIBLE ACTION: Consideration of: 1) Park Dedication;
2) Approval of Preliminary Plat.
REFERENCES: Enclosed map depicting area plus enclosed
copy of the plat.
Agenda Item 5. Consideration of a Sideyard Variance - Tom St. Hilaire.
Mr. Tom St. Hilaire has presented plans to the Building
Inspector for a new home at 221 Mississippi Drive on Lot
8 Block 1, Hoglund Addition.
0
The plana would require a 9101, sideyard setback on both
sides of the home. The normal setback expected is 1010".
One of the two affected property owners has no opposition
to the variance and as of now the other property owner has
not presented any opposition.
A copy of the proposed plan is in the Building Inspecor's
office.
POSSIBLE ACTION: Recommendation to approve or deny
a setback variance of 110".
REFERENCESt Enclosed map.
APPLICANTt Mr. and Mrs. Tom St. Hilaire.
Agenda Item 6. Consideration of Granting a Variance to Allow a Drivewav
to Extend to the Property Line.
Mr. Frank May has purchased the piece of property at
1001 West Broadway. This is a duplex that was "grand-
fathered" in when that area was annexed into the city.
This property is currently zoned R -I.
In the lower level there Is a small, single, tuck -
under garage which at present is accessable only by
driving around the house on a dirt driveway that touches
the property line to the east. To enhance the appearance
of the property and prevent erosion of the ground, since
this driveway slopes down a hillside, Mr. May would
like to blacktop this driveway. In his variance request,
he is asking permission to put blacktop up to the property
lino. The variance is necessary due to Ordinance section
10-3-5(G) requiring curb cut openings to be 3'-0" setback
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4-18-78
in a residential area. Mr. May feels that this black -
topping is necessary to adequately meet the off street
parking requirements on a dust free surface and to
curb any further erosion.
POSSIBLE ACTION: Recommendation to approve or deny this
variance to prevent offstreet parking being done on a
non -dust proof area.
REFERENCES: Enclosed map.
APPLICANT: Frank May.
Agenda Item 7. Consideration of Granting a Variance Permit to Allow a
Driveway Nearer than 31 -On to a Sideyard Property Line.
Mr. and Mrs. Gene Jensen are requesting a variance to
allow them to cover their present driveway at 711 East
4th Street with blacktop (Lot 3 Blk 32)• This would
require a variance under Ordinance section 10-3-$(G) since
the driveway is proposed to be right up to the abutting
property line. The Jensens have one of the old 66' -On
lots and their garage is behind their home. By having
a blacktop driveway, they could rid themselves of using
their existing dirt and gravel driveway.
` POSSIBLE ACTION: Recommendation to approve or deny this
variance to prevent offstreet parking being done on a
non -dust proof driveway surface.
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1,32 Regulate the minimum diums,ioin.for. the site and, length
of water frontage of lots suitable for building si.tes.
VC
1.33 Regulate the placement of structures W, relation to
shorelines.and road's.
1.34 Regulate the amount, of impervious surface allowed on -each
lot.
1.35 Regulate the type of placement of sanitary'and waste
disposal facilities.
1,3E Regulate alteration of the natural shorelands vegetation
and topography.
1.37 Regulate n.larement.of roads and, parking, areas.
1.3P Regulate the subdivision of land.
I 3,9 Reyula,te the location of utility. transmission crossings
Of shore lands.
1.40 Regulatp%ve construction or reconstruction of publ.ia
roads in Shorelan1 areas.
Provide for toe enforcaaent and administration of munitipal
io oreland.ranagrsnent ordfnantoc ana management o,f the Pecreational
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y 'ivr nrdioanrei within the ,;icy of Monticello.
;,4 .0?iSD,lGTI9N
;hr, juris:liction of this Ordinance shaii include the shorelands of all ;ml.lic
a.,•.r+s 'n the City of fiontirollo as depicted on the official loninq flap
at the f • ty of Monti�ol to and the Recreational River land Use District a•,
d�c%• �t�d in '1R ?4;n1.
CnWnl I0.17
Thn se of ani'lrsland of public waters; the size. and shape of lots. ins,
1 asa. gszo. type. ana location of structures an lots; the instdllat.sof. ane;
raintvpance of eater supply and waste disposal facilities; tfu filingq,
ira;lna. inyoonini. or dredginq of Any shoreland area; the cuttin.9 of
sharel.ind vPn,t�tien: and the subdWislon of lots shall he In fol'l
co",H inco %itn tfe ievms of this Ordinance and other applicAhle requlA-
t+nns. Cyn.tt+7l1rt+pn of buildings. private water supply,, and towage
d spolal ars+..n and erection of signs shall require a prrmit unles,,
,trPrw!sn P►cluded'by the rojoirsvents of tfili nMlnAin;o•
' ArQ,' .P ll % ANr GPft1TER RE41RICtION
iwovisiovsc of the o0stlnq Inning Ordinanre and' loninq
^o Pity nt f-'onticollo, flionerele dated-July'VR• lnl5, ind
'r cr+t . tn.f" ••aced 1 . reference and 0All fir Made as ouch a hart
c f -os trdiin,rxe an if the Mattei, das611hed kmre fully iqt rn+t.
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W� 1.62 it is not otherwise intended by this Overlay Ordinance to
repeal, abrogate, or impair any existing deed restrictions or
C ordinances other than zoning to the extent specified in
Section 1.6 of this Ordinance. 'however, where this Ordinance
imposes greater restrictions, the provisions of thi's Ordinance
snail prevail.
W ERpRETATiON
,_ne.ir interpretation and application, the provisions of this Ordinance
snail oe held to be minimum requirements and shall be liberally construed
in fjvor of the City and shall not be. deemed a limitation or repeal of
dry other powers granted by Minnesota Statutes.
1-8 SEVERABILITY
the Provisions of tnis Ordinance shall, be severable, and the invalidity of
any paranraph, sub -paragraph, or subdivision thereof shall not make void
any other paragraph. sub -paragraph. subdivision. or any other part.
1.1 DEFINITIONS
For the purpose'of this Ordinance.,certain terms or words usen herein shall
tn: t-erpreted as follows: rhe word "shall" is mandatory, not pemissive.
411 distance unless otherwise specified shell be measured horizontally.
":oathouse" mean, a structure used soley for the storeage of boats or
Ifs boating equi(iment.
I %t-
'Gilding line" means that line measured across the width of the lot at
the point where the main structure is placed in accordance with the
,etbeck provi :ions.
".Ivor-auttinq" means the removal of an entire stand of trees.
,irdsnip" +cans the property in question cannot be put to a reasonable
..ie under the conditions allowed by the official controls; the plight of
the landowners Ap� due to circumstances unique to his property, not
cf-ated by the Iandowner; and the variance. If granted. will not alter
tae -•ssential charactee of the locality. Economic considerations alotm
0alI not constitute a hiMship if a reasonable use for the property
�.ists under terms of the official controls.
"lot' grans a r•arcel of land designated.by wetes and bounds description,
tenistered.land survey.. auditors plat,, or other accepted means and
<<paroted from other parcels or portions by said description for the
.)„rooses of sale. lease. or seperation thereof, ror the purposes of
terse rpqula,tions, a lot shall be considered to -be an individual. buildinn
We which shall tte occupied by no ninre than one principal structure
enuipped with aartitary facilities.
i
'Ordinary High Mater Mark" means a mark delineating the highest water
level which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The ordinary high water mark is commonly
that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial.
"Planned Unit Development" means a type of development which may incorpor-
ate a variety of land uses planned ano developed as a unit. The Planned
Unit Development is distinipished from the traditioffal subdivision process
of development in that zoning standards such as desnsity, setbacks, height
limits, and minimus lot sizes may be altered by negotiation and agreement
between the developer. the municipality, and the U missioner of Natural
Resources.
'Planning Agency' means the planning commission or planning department as
created by the municipality.
"Public staters' means any waters of the State whieth serve a beneficial
public purpose as defined in Minnesota Statutes 197C, section 105.37.
Subdivision 6. However, no lake, pond, or flowage of less than ten (10)
acres in size and no river or stream having a total drainage area less
than two (2) square miles shall be regulated for the purposes of these
regulations. A body of water created by a private user where there was
no previous shoreland, as defined herein. for a designated private use
authorized by the Commissioner of Natural Resources shall be exempt from
the provisions of these regulations.
The official determination of the size and physical limits of drainage
areas of rivers and streams shall be made by the Commissioner of Natural
Resources. The official size of lakes. ponds, or flowages shall be the
areas listed in the Division of Mater Bulletin 25. An Inventory of
!linnesota Lakes, or in the event that lakes, ponds, or flowages art+ not
listed therein. official determination of size and physical limits shall
be made t.y the Cormissioner of Natural Resources in cooperation with the
runic t; al ity.
"Setbacb means the minimum horizontal distance between a structure or
sanitary facility &pd the ordinary high water mar &, or between a
structure or sanitary facility and a road, highway, or property lines.
'Shorclavid" means land located within the fellowi M distances from
punlic water:
a. 1.000 feet from the ordinary high Mater mark of
a jal,e, Pond. or flowages.
b. Three hundred (300) feet from a r Iver or strean,
or the landward extent of a flood plain designAtrd
by ordinance on such river or stream. whichever
is greater. The practical lirdts of ghorelands
may be less than the statutory limits where such
9
i
limits are designated by natural drainage divides
at lesser distances, as shown on the official
r loninq Map of the City of Monticello.
C. The area included in the Recreational Land Use
Districts for the Mississippi River as defined
in Minnesota Regulations NR 2400-2420.
'Sccbdivision" means improved-or°unimproved lard or lands which are divided
`ar the purposes of ready sale or lease, or divided successively within a
five ;S} year period for the purpose of sale or lease, into three (3) or
more lot- or parcels of less than five (5) acres each, contiguous in area.
and which are under common ownership or control.
"Substandard Use" means any use of shorelands existing prior to the date
of enactment of this Ordinance which is permitted within the applicable
zoning district but does not meet the minimum lot area ano length of water
frontage, structure setbacks, or other dimensional standards of the
Ordinance.
2.0 'DESIGNATION Of TYPES Of LANC JS:
In order to Cuine tne wise developmant and utilization of shorelands of puoli(.
waters for the preservation of water quality. nn
natural characteristics, econmi,
l..
vaes, anc the general health. safety. and welfare in the City of Monticello, a
snorelano management classification has been given by the Commissioner of Natural
Resources, and uses of shoreland in these classes are hereby designated by land
use d►stric.ts. based on the compatibility of the designated type of land use
with the shoreland management classification.
2.1 SIIORELAND MANAGEMENT CLASS IF [CATION 'SYSTEM
Inc puhlic waters of the City of Monticello have been classified by the
;onmiasioner of Natural Resources as "General Development Lakes and Streams"
wnien include the Mississippi River and Qtter Creek. in addition, the
Mississippi Riveroas been designated as a "Recreational" component of
Minnesota's Mild. Scenic. and Recreational Rivers System.
2.1) SIiORELANO OVERLAY DISTRICT
Inc shorelands of the City of Monticello are hereby designated as a
Snoveland Overlay District. The purpose of the Shoreland Overlay District
is to provide fpr the wise utilization of shoreland areas in order to
preserve the Quality and natural character of the public waters of the
Citv of Monticello.
:.21 Permitted Uses. All permitted uses allowed and requlatod
ry the eppin—Ri6Te toning district underlying this Shoreland
overlay District as indicated on the official Zoning Map of the
city of Monticello.
i to
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2.22 Conditional lyses. All conditional uses and applicable
attached conditions aflowed and regulated by the applicable
zoning district underlying this Shoreland Overlay District as
indicated an the official Zoning pap of the City of Monticello.
2.23 General Provisions. The following standards shall apply
to all shorelands of all public waters within the City of
Monticello. Where the requirements of the underlying zoning
district as shown on the official Zoning Map are are restrictive
than those set forth herein, then the more restrictive standards
shall apply.
GENERAL
UNSEWERED AREA DEVELOPMENT WATERS
Lot area (feet) 20.000
Water frontage and lot width
at building line (feet) 100
Building setback from ordinary
high water oprk (feet) 75
Puildinq setback from roads 50
and highways (feet) Federal/State/County
20
Municipal/Pri vale
Elevation of lowest floor above
highest known water level (feet) 3
Guildinq height limitation (feet) 35
Total lot area covered by
inmervio:(s surface N 30
Sewaqe system setback from ordinary
hick water Mrk (feet) 50
Sewage system elevation above highest
gr(yuhdwater level or bedrock (feet) 4
C
F
1 7/'
SEWERED AREA GENERAL DEVELOPMEiiT HATERS
Al provisions for unsewered areas shall apply to severed areas
except for the following, wM ch shall supersede the provisions
Applied to unsevered areas:
Lot Area (feet):
Waterfront lots •15,000
abutting public waters
Other lots 12,000
not abutting public waters
Water frontage and lot width
at building line (feet) BO
Building setback from ordinary
high water mark (feet) so
:.3 VEGETATIVE CUTTING PROVISIONS AND GRADING AND FiLLiNG
(Recreational River)
2.71 On lands within the building setback iron the normal hign
water mark, the Mississippi River. and the portion of Otter
Creek within the Recreational land Use District.
a. Clear -cutting except for any authorized public
services such as roads and utilities shall not
be permitted.
b. Selective cutting of trees in excess of four (4)
inches in diameter at breast height is permitted
provided that cutting is spaced in several
cutting operations and a ;ontinuous tree cover is
maintained. uninterupted by large openings. In
cues where the existing tree cover has been
interrupted by large openings In the past.
selective cutting should be performed so as to
maintain a continuous tree cover in the remaining
wooded areas.
c. The above cutting provisions will not be deemed
to prevent•
- the removal of diseased or insect Infested
trees. or of rotten or damned trees that
present safety harardst
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-pruning understory vegetation, shrubs, plants.
bushes, grasses, or from harvesting crops, or
cutting suppressed trees, or trees less than
s four (4) inches in diameter at breast height.
2.32 Clear -cutting anywhere in Wild, Scenic, or Recreational
River land Use Districts is subject to the following standards
and criteria:
a. Clear -cutting shall not be used as a cOtting
method where soil. slope. or other watershed
conditions are fragile and subject to injury.
b. Clear -cutting shall be conducted only where clear-
cut blocks. patches. or strips are, in all cases,
shaped and blended with the natural terrain.
c. The size of clear-cut blocks, patches, or strips
shall be kept at the minimum necessary.
d. Where feasible all clear -cuts shall be conducted
between September 15 ano flay 15. if natural
regeneration will not result in adequate vegetative
cover. areas in which clear -cutting is conducted
shall be replanted to prevent erosion and to
maintain the aesthetic Quality of the area. Where
feasible, replanting shall be performed in the
�j same spring, or the following spring.
C'
;.13 Grading and filling in of the natural topography whicn is
not accessory to a permitted -or conditional use shall not be
pormitted in the land use district.
1.34 Grading and filling in of the natural topography which is
accessory to a permitted or conditional use shall be performed
in a manr•er which minimizes earth moving, erosion. tree -clearing.
and the destruction of natural amenities and shall be eentrolled
t:y the locaiordinance.
:.15 Grading and fillino in of the natural topography shall
also meet the following standards:
a. The smallest emount of bare ground is erposna
for as short a time as feasible.
b. Temporary ground cover, such as mulch. Is ul.ed
and permanent mound cover, such as sod, is planted.
c. ttethods to prevent ernsion and trap sediment ,ire
empioyed.
H
d. Fill is stabilized to accepted engineering
standards.
2.36 Excavation of material from, or filling in a Recreational
river, or construction of any permanent structures or
navigational obstructions therein is -prohibited, unless author-
ized by a permit from the Commissioner pursuant to Minnesota
Statutes. Section 105.42.
2.37 ito state or local authority shall authorize the drainqe
or filling in of wetlands within the Recreational River 'Land
Use District.
2.4 VEGETATIVE CUTTING, GRADING. AND FILLING
(Other public Waters)
2.41 The removal of natura; vegetation shall be restrict.ea tr,
Prevent erosion into the public waters, to consume nutrient,,, in
the soil, and to preserve shoreland aesthetics. Removal of
natural vegetation in the Snoreland Overlay District shall be
sut,ject to the following provisions:
a. Selective removal of natural vegetation shall hr:
allowed. provided that sufficient vegetative
cover remains to screen cars, dwellings, and niner
structures wnen viewed from the water.
F b. Clear -cutting of natural vegetation shall tH,
prohibited.
c. Natural Vegetation shall hp restored insofar a,
feasible after any construction project is ampieten
in order to retard surface runoff am] soil erosinn.
d. The provisions of this section shall not apply to
permitted uses whicn normally require tho r m;rtval
of natural vpgetation.
:,a: rradipg and filling in shoreland areas or any alteration,
of the natural topographv where the slope of the land is cnw,rd
A publi, water or a water course leading Eo a public water must
:,o authorized bv a conditional use permit. The permit may n -
,,ranted gr.bject to the conditions that:
A. The smallest amount of ground i,. exposed for
short a time as feasible.
h. Temporary around cover. such as mulrh, is usryr mh.'
perwanent grcxtnd cover, such as and, is planted.
L. '!ethods to prevent erosion end trap sedinwnt ire
ongrin_p i.
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i,.
d. Fill is stabilized to accepted engineering
standards.
2.43 Excavations on shorelands where the intended purpose is
connection to a public water shall require a permit from the
Zoning Administrator before construction 1s begun. Such permit
may be obtained only after the Commissioner of Natural Resources
has issued a permit for work in the beds of public waters.
2.5 UTILITY COMPANIES, STANDARDS, AND CRITERIA FOR UTILITY CROSSINGS
All transmission services constructed within the Mississippi River Recre-
ational Shoreland District shall require a conditional use permit. The
construction of such transmission services shall be subject to the
standards and criteria of Minnesota Regulations NR 79(1)(2). No
conditional use permit simll be required for high voltage transmission
lines under control of the Environmental Quality Council pursuant to
Minnesota Statutes, Section 1160.61.
2.5 PUBLIC ROAD, RIVER CROSSINGS
All new construction or reconstruction of public roads within the
Mississippi River Retreational Shoreland District shall require a condi-
tional use permit. Such construction or reconstruction shall be subject
to the standards and criteria of Minnesota Regulations NR 79(j)(2). A
conditional use permit is not required for minor public streets which are
streets intended to serve primarily as an access to abutting properties.
"Public Roads" include township, county, and municipal roads and highways
which serve or are designed to serve flows of traffic between communities
or other traffic generating areas.
Z.6 SANITARY PROVISIONS
Any public or private supply of water for domestic consumption purooses
Shall conform with Minnesota Department of Health standards for water
supoly. No oe►son, firm, or corporation shall install, alter, repair,
or o pend any private well without first obtaining the necessary permits
froin the County Sanitation Office.
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