05-22-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 8,2017 7:00 o'clock p.m. 16. #17-3922 CITY OF ORONO, TEXT AMENDMENT: WETLANDS REGULATIONS — ORDINANCE NO. 196, Third Series. — continued Barnhart concurred the property owner would have the option to obtain a wetland delineation. Barnhart noted the text amendment would allow Staff to approve the delineation if the proposed improvement is outside of the 35 -foot area. Barnhart stated the City has received a number of comments for and against the buffer/setback changes. Those in support of removing or reducing the setback feel the use of their land is being compromised unnecessarily. Those in support of retaining the setback rules favor preservation of Orono character and long-standing values. Barnhart noted the names in bold on Staff s memorandum are the ones that the Council has already received. Staff recommends adoption of the ordinance as drafted. Walsh stated the Code Review Committee has been reviewing all of the City's ordinances and regulations over the past five to six months and that this was one of their recommendations. Walsh stated in his view the desktop delineation is a good way to give Staff another tool and to expedite the process. Walsh stated in terms of the setback regulations, he saw three different issues. One was whether ten feet was a reasonable distance beyond the wetland. Walsh noted they talked at the Planning Commission and the Code Review Committee about how a I 0 -foot setback is needed in general and that it is a reasonable number because it allows the property owner the ability to mow in that area and to have a small yard. In terms of the 35 -foot setback, the Planning Commission did talk about how that number is somewhat arbitrary. Walsh noted the lowest setback buffer from the Watershed District is 12.5 feet. With ten feet on top of that, you come up with 22.5 feet. Walsh stated the City basically took the 12 feet required by the Watershed District and added 12 feet to come up with the 22 feet. Currently the City requires a 35 - foot setback. Walsh noted under current regulations, if someone wanted to put a fire pit within that area, they would not be allowed to do that. Walsh stated in his view it is worthy of a discussion regarding what items can be placed within that setback to allow people a little more use of their yards. Crosby asked if Minnetonka Beach has a 25 -foot setback without the buffer being included. Barnhart stated 25 feet is a setback from the buffer. Walsh stated if there is no buffer, Minnetonka Beach would require a 25 -foot buffer and Orono would require 35 feet. Seals asked what additional information the Planning Commission would have benefited from. Seals asked whether there are any studies that show the differences in the quality of water between the communities where there are different setbacks. Seals stated the question is whether Orono's regulations are making a difference. Barnhart stated there are a number of studies out there that support buffers, which is one part of the solution. The setback requirement is the City's part in the solution. The Planning Commission was Page 22 of 34