(1)

Statutory authorization. The shoreland regulations contained in this section are adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462.

(2)

Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has mandated responsibility to local governments of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.

(3)

Jurisdiction. The provisions of this Appendix E shall apply to the shorelands of the public water bodies as classified in section 60-3.

(a)

Permits required. In addition to building permits required by section 9-11, a permit shall be required for those grading and filling activities not exempted by [sub]section 60-4(d). Application for a permit shall be made to the zoning administrator on the forms provided. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use.

(b)

Variances.

(1)

Variances may only be granted in accordance with Minn. Stats., chapter 462 and as prescribed by article 6. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.

(2)

When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in [sub]section 60-2(c)(2) below shall also include the city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

(c)

Notifications to the department of natural resources.

(1)

Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under Excelsior's shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(2)

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under Excelsior's shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

(d)

[Shoreland management district.] Activities within and adjacent to the shoreland management district shall be performed in accordance with the rules of the Minnesota Creek Watershed District.

(Ord. No. 441, § 3, 7-20-2009)

The public waters within and adjacent to Excelsior have been classified below consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota.

The shoreland area to which the regulations of this article apply is as shown on the official zoning map. The area includes land located within 1,000 feet of the ordinary high water level of the above lakes, or a lesser distance if the topographic divide is less than 1,000 feet. In the area where Lake Minnetonka shoreland overlaps Galpin Lake shoreland, the regulations pertaining to Lake Minnetonka shall apply.

(Ord. No. 441, § 3, 7-20-2009)

(a)

Lot area and width standards. The minimum lot area (in square feet) and lot width standards (in feet) for residential lots created after the date of enactment of this Appendix E are as found in the individual district standards of this Appendix E.

(b)

Additional special provisions. Minimum lot area requirements within shoreland areas may be calculated on an average lot area basis, so long as the overall net density requirements of subsection 60-4(a) above are met. The absolute minimum lot area shall be as permitted by the underlying zoning district. Residential subdivisions with dwelling unit densities exceeding those in the above tables can only be allowed if designed and approved as a conditional use permit under subsection 60-4(h) of this Appendix E. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line.

(c)

Placement, design, and height of structures.

(1)

Placement of structures on lots. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered in accordance with section 17-6 of this Appendix E, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Principal and accessory structures shall be located as follows.

a.

The minimum setback of principal and accessory structures from the ordinary high water level of Minnetonka and Galpin Lakes shall be 50 feet.

b.

Additional structure setbacks.

c.

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

d.

Uses without water-oriented needs. Uses without water-oriented needs that are located on lots or parcels with public waters frontage must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(2)

Design criteria for structures.

a.

High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined:

1.

By placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher.

2.

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is 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.

b.

Accessory structures. Accessory structures shall be permitted as regulated by article 18 of this Appendix E. Detached decks must not exceed eight feet above grade at any point.

c.

Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:

1.

Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;

2.

Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and conditional use permit allowances for development;

3.

Canopies or roofs are not allowed on stairways, lifts, or landings;

4.

Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

5.

Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and

6.

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsection 60-4(c)(2)c.1. through 60-4(c)(2)c.5. are complied with in addition to the requirements of Minnesota Regulations, chapter 1340.

d.

Historic buildings and sites. No structure may be placed on a historic building or site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

e.

Steep slopes. The city engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(3)

Height of structures. All structures shall comply with the height standards of this Appendix E.

(d)

Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

(1)

Vegetation alterations.

a.

Vegetation alteration necessary for the construction of structures and the construction of roads and parking areas regulated by subsection 60-4(e) below are exempt from the vegetation alteration standards that follow.

b.

Removal or alteration of vegetation is allowed subject to the following standards:

1.

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.

2.

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

i.

The general character of the shoreline is not changed as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

ii.

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

c.

Use of fertilizers and pesticides shall be strongly discouraged, but at the very least, shall be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation or both.

(2)

Topographic alterations/grading and filling.

a.

Grading and filling and excavations necessary for the construction of structures and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit; however, the grading and filling standards in this section must be incorporated into the issuance of such permits.

b.

Public roads and parking areas are regulated by subsection 60-4(e) below.

c.

Notwithstanding subsection 60-4(d)(2)a. and b. above, a grading and filling permit will be required for:

1.

The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and

2.

The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

(Ord. No. 601, § 1, 7-22-2019)

d.

The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

1.

In addition to requirements of the State of Minnesota Wetland Conservation Act of 1991, grading or filling in any type 2 through 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*:

i.

Sediment and pollutant trapping and retention;

ii.

Storage of surface runoff to prevent or reduce flood damage;

iii.

Fish and wildlife habitat;

iv.

Recreational use;

v.

Shoreline or bank stabilization; and

vi.

Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

* This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised.

2.

Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

3.

Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

4.

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;

5.

Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;

6.

Fill or excavated material must not be placed in a manner that creates an unstable slope;

7.

Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater;

8.

Fill or excavated material must not be placed in bluff impact zones;

9.

Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stats. § 103G.245;

10.

Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

11.

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.

e.

Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

(e)

Placement and design of roads, driveways, and parking areas:

(1)

Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

(2)

Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

(3)

Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of subsection 60-4(d)(2) above must be met.

(f)

Reserved.

(g)

Special provisions for commercial, and public/semipublic uses.

(1)

Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:

a.

In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Appendix E, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

b.

Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and

c.

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

1.

No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;

2.

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. The signs must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and

3.

Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

(2)

Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(h)

Conditional use criteria and conditions. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas:

(1)

Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:

a.

The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

b.

The visibility of structures and other facilities as viewed from public waters is limited;

c.

The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

(2)

Conditions attached to conditional use permits. The city council, upon consideration of the criteria listed above and the purposes of this section, may attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this Appendix E. Such conditions may include, but are not limited to, the following:

a.

Increased setbacks from the ordinary high water level;

b.

Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

c.

Special provisions for the location, design, and use of structures, watercraft launching and docking areas, and vehicle parking areas.

(Ord. No. 401, 10-2-2006; Ord. No. 441, § 4, 7-20-2009; Ord. No. 495, § 10, 4-1-2013; Ord. No. 558, § 2, 4-17-2017)

All legally established nonconformities as of the date of this Appendix E may continue as provided in article 15. In addition, the following standards will also apply in shoreland areas:

(1)

Construction on nonconforming lots of record.

a.

Lots of record in the office of the county recorder on the date of enactment of article 60 that do not meet the requirements of subsection 60-4(a) may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, setback requirements of this Appendix E are met, and the requirements of section 15-5 of this Appendix E are met.

b.

A variance from setback requirements must be obtained before any use or building permit is issued for a lot. in evaluating the variance, the city council shall consider capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

c.

If, in a group of two or more contiguous lots which have come under the same ownership after February 9, 2003, any individual lot does not meet the requirements of section 60-4(a) of this Appendix E, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of subsection 60-4(a) as much as possible.

(2)

Additions/expansions to nonconforming structures.

a.

All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of subsection 60-4(a) of this Appendix E. Any deviation from these requirements must be authorized by a variance pursuant to article 6 of this Appendix E.

b.

Deck additions which do not extend above the ground level of the principal building shall be permitted as provided by section 17-6, but shall be located no closer than ten feet from the OHWL.

c.

Deck additions which extend above the height of the ground level of the principal building may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level, if all of the following criteria and standards are met:

1.

The structure existed on the date the structure setbacks were established;

2.

A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

3.

The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and

4.

The deck is constructed primarily of wood, and is not roofed or screened.