Res 1975-120 143
RESOLUTION NO. 120-1975
A RESOLUTION OPPOSING RULES AND REGULATIONS OF THE MUNICIPAL SHORELAND MANAGEMENT
ACT
WHEREAS, the State of Minnesota, Department of Natural Resources is proposing
regulations for the management of shorelands within municipal boundaries in the
State of Minnesota, in accordance with the authority granted in the Laws of Minnesota
1973, Chapter 379 and the Minnesota Statutes 1974, Chapters 105, 115, 116 and 462; and
WHEREAS, the DEpartment of Natural Resources pursuant to Minnesota Statutes 1974
Section 462.362 requires the municipalities to provide for the administration and
enforcement of the Municipal Shoreland Ordinance; and
WHEREAS, the Fridley City Council and Fridley City Planning Commission have
reviewed the proposed rules and regulatiors as they affect the City of Fridley;
and
WHEREAS, this review has brought forth the following concerns on the proposed
rules and regulations , Chapter Six, NR 82-84:
1 . That the classification of the public waters by the Commissioner is unrealistic
and should be left up to the determination of the City. This would save the
additional time, effort and cost involved in resumbmitting proposals to the
Commissioner for his dictate.
2. The zoning provisions as laid out in the proposed rules and regulations
are unworkable in the City of Fridley for the following reasons:
a. The City is almost totally developed and those areas along the
designated public waters have been previously subdivided. These
lots will be undersized nonconforming lots according to the proposed
ordinance and will cause definite hardships on the utilization of these
lots.
b. The setback requirements as laid out in the proposed ordinance
would make all of the structures in the Shoreland Management Area
nonconforming structures and therefore unrepairable if over 50% damaged
because of inability to meet the proposed criteria.
3. The zoning provisions as laid out in the proposed ordinance is discriminatory
against low and moderate income persons unable to afford the property due to
increased lot sizes as required by the proposed ordinance.
4. The provisions of the proposed ordinance show lack of coordination of other
State agencies by establishing a number of rules and regulations requiring
municipalities to adopt a set of conflicting zoning requirements without
provisions of precedence (examples: Floodplain, Criteria Areas, Environmental
Protection Act, etc. ).
5. It is unrealistic to set up a variance procedure for something that
would require a variance in all cases. This just increases the burden
on the municipality which is already limited to the amount of funding
available.
NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley is opposed to the
proposed rules and regulations for the above reasons and suggests that the rules and
regulations be drafted to allow more flexibility at the discretionof the municipal
government to implement the intent of the Mu;nicipal Shoreland Management Act in a
way that will best serve the needs of the community, especially in the following
areas:
1 . That the classification of public waters be performed by the City and if
the Department of Natural resources does not agree, they should prepare
the reasoning and data for the changes.
2. That all platted and/or developed property shall be exempt from the proposed
rules and regulations.
3. That where public water and sewer are available, the City should determine
lot sizes.
144
RESOLUTION NO. 120-1975 continued
4. That an existing State agency be given responsibility to review and eliminate
conflicting rules and regulations adopted by other State agencies.
5. That the rules and regulations for developmed communities be prepared
separately to provide a more realistic implementation of the Act, which
would provide that variances be required on a limited basis
III
ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF JULY, 1975.2/L'Ij _
MAYOR - WILLIAM . NEE
ATTEST:
CITY CL K - MARVIN C. BRUNSELL
III
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