Proposed and Recently Adopted Ordinances
The city is in the process of amending sections of zoning code to be in compliance with DNR regulations. The proposed Amendment Packet can be found below.
Background
The City of Minnetonka Beach approved its current zoning code in 2017 and in 2022 became aware that it was not approved by the DNR. The last code to be approved by the DNR was 1996, and generally followed an agreement established in a September 17, 1992 letter from the DNR granting three important areas of flexibility, and seven important areas of greater restriction (the “3/7 agreement”). Please refer to the 3/7 Agreement for a summary of these points.
In March 2022 the Planning Commission was tasked by City Council to finish the tree ordinance and then make the next priority getting the city zoning code in compliance with DNR. An appointed task force completed amendments to our 2017 code regarding accessory dwelling units (ADUs) from May 2022 to September 2022. This was the “1st Amendment Package.”
This “2nd Amendment Package” contains Planning Commission recommendations to come into compliance with the remaining “3/7 agreement” points (with the exception of AMLS) after comparing our current 2017 code to the 2022 DNR model ordinance and to our 1996 former (approved) code. On March 13, 2023 City Council authorized the City to seek conditional approval from the DNR and follow the code amendment process established by the legislature for each of these proposed amendments which are being submitted with the checklist. The city received conditional approval from the DNR on 4/25/2023. The proposed amendments were discussed at a public hearing on May 15 at 7:00pm and Council adopted the ordinance June 12, 2023.
A 3rd Amendment Package completed the specific items listed in the 3/7 Agreement from 1996 deals with lake setbacks. The city is using Average Minimum Building Setback (AMBS) instead of a previous setback measurement of Average Minimum Lakeshore Setback (AMLS). This new ordinance is similar to the ordinance in place in 1996 and protects views, prevents encroachment toward the lake and protects the lake from runoff.
The 4th Amendment Package defines the Shore Impact Zone at 75 ft from a previous distance of 37.5 ft. This also protects views and the lake.
A 5th Amendment Package proposes the current zoning code to be re-ordered and re-numbered to align with the DNR Model Ordinance. No ordinance language is proposed to be changed for this amendment, it is simply a restructure of the code into a different format.
Additional re-ordering and re-numbering took place in Packet 6.
At the January 8, 2024 Council meeting, Council gave preliminary approval to add clarifying language to Section 3.4.4.J. regarding Conditional Use Permit amendments. The proposed language is underlined. (Packet 7)
The Planning Commission worked on moving Shoreland Overlay District into appropriate sections of the common code in Packet 8.
On January 22, 2024, the Planning Commission will now compare the reorganized code with the DNR Model Ordinance to identify and make recommendations on language changes primarily focused on items that are currently not in compliance with the DNR regulations, which is in Packet 9.
On February 26, 2024 the Planning Commission will hold a public hearing on the reorganized code and DNR compliance language. It will also hold a public hearing on an amendment to Section 3.4.4.J Conditional Use Permit Amendments. In addition to these public hearings, the Planning Commission will have a preliminary discussion on Floodplain ordinance amendments for DNR compliance.
City Council adopted a Tree Preservation ordinance on August 15, 2022. The link to the ordinance is below. Please contact City Hall if you wish to remove a tree on your property.
