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Planning commission reviews DNR‑negotiated shoreline ordinance edits, directs staff to schedule public hearing
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Summary
Commissioners reviewed proposed shoreline ordinance changes negotiated with the DNR that would raise primary structure height limits, allow guest cottages, reduce PUD open‑space minimums, and include a 160 sq ft annual exemption from triggering a no‑maintenance shoreline buffer; the commission directed staff to hold a public hearing.
The Brainerd City Planning Commission reviewed an updated draft of the city’s shoreline ordinance that planning staff negotiated with the Minnesota Department of Natural Resources (DNR) and directed staff to schedule a public hearing.
Staff member James summarized the principal edits: allow primary structures up to 35 feet in residential districts (previously 25 feet); permit a guest cottage on a single‑family lot that meets lot‑size requirements; reduce required open space in planned unit developments from 50% to 35%; and provide an annual 160 square‑foot exemption for small impervious increases on riparian lots so that very small projects would not trigger a no‑maintenance shoreline buffer. James also noted that reconstruction of a primary or accessory structure over 400 square feet would require the shoreline buffer, and that guest cottages would require the no‑maintenance buffer.
An agency representative introduced in the prior meeting as "Jake from the DNR" addressed the commission, calling the process iterative and collaborative: "It's been a pleasure working with Mr. Kramvik on the process ... The DNR is pleased with what we've got on the screen so far," the representative said.
Commissioners raised technical and drafting questions: one commissioner asked whether the 160‑square‑foot allowance is cumulative across years (concern that sequencing small projects could increase impervious cover without triggering the buffer). Staff replied that tracking on a one‑year basis was chosen to simplify administration, and that the threshold could let people make modest common‑sense improvements without automatically requiring the buffer. Commissioners also flagged a carryover reference to a "board of adjustments" that does not exist locally and asked staff to remove county or other jurisdictional language.
There was also a discussion about a locally named flowage commonly called Whiskey Creek; staff clarified that Whiskey Creek is not designated as an official public watercourse regulated by the DNR, but it functions as an important stormwater conveyance. One commissioner suggested the city could locally designate it if desired, but staff did not propose such a step at this time.
After discussion, a motion to direct staff to hold a public hearing on the draft shoreline ordinance was made and seconded; the motion passed by voice vote. Staff said the item will return for a public hearing at the next planning commission meeting and then to the City Council process if advanced.
The commission requested staff to clean up drafting references (remove non‑applicable board references), confirm wetland/water designations, and prepare the public‑hearing materials.
