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. . - . Planning Commission Minutes October 22, 1991 Page 2 COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY JOHN WEICHT & ASSOCIATES FOR A HOME OCCUPATION LOCATED IN THEIR RESIDENCE AT 13330 ISLAND VIEW DRIVE BASED ON STAFF'S MEMO DATED 10/9/91. COMMISSIONER BISCHOFF SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Ordinance Amendment to Section 904 Ti tled. "Shoreland Manallement Ordinance" bv the Citv of Elk River/P.H. Janelle Szklarski, Zoning Assistant, introduced this item stating that the Ci ty of Elk River has been mandated to adopt the new shoreland regulations as developed by the Minnesota Department of Natural Resources (DNR) by February of 1992. Ms. Szklarski gave a brief summary of the major changes that will take place in the new shoreland ordinance which would include: new septic system standards, setbacks, bluff line standards, different classifications for the rivers and wetlands as well as standards for agricultural practices. Dale Homuth, DNR Hydrologist, explained how the new shoreland ordinance would affect property owners and what the DNR is tying to accomplish. Mr. Homuth stated that they had received a number of complaints from people stating that the shoreland regulations were not strict enough and that because of this, lakes were becoming more polluted and had cluttered shorelands, etc. The number one concern was bad septic systems. The new regulations require the City to bring all septic systems up to code in the shoreland areas within a reasonable period of time. The City Council will have to pass a resolution telling the State how they are going to accomplish that. Any time a building permit is issued, the property owner will have to certify that the septic system is up to code. Elk River was considered a high priority area because of the large number of wetlands, rivers, ponds & lakes in the Elk River area. Vice Chair Nadeau opened the public hearing. Eugene Scheel of 10271 213th Avenue stated that the new shoreland ordinance was a good ordinance and felt it would not be detrimental to the landowners in the area. Staff explained the different lake and river classifications of natural environment waters, general development, tributary and urban that would be affected by the shoreland standards. The affected shoreland areas were shown on an overhead which were separated by different colors. Mrs. Cecelia Scheel asked for an explanation of a natural environment lake. Mr. Homuth read her the definition for natural environment lakes. Mrs. Scheel stated that she had a topography map and questioned why some of the smaller lakes such as Little Twin Lake were not referenced, in this ordinance. Mr. Homuth addressed her concern stating that the City does not have to apply the shoreland regulations to any lake which is less than 10 acres in size. The optional lakes are still protected wetland areas by the DNR but the City is not required to impose shoreland regulations on them.