08-14-2017 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: 11 Date: August 14, 2017 Item Description: #17-3953, City of Orono: Text Amendment related to Non - Encroachments Presenter: Jeremy Barnhart, Community Agenda Planning Department Development Director Section: Report 1. Purpose. The purpose of this action item is to consider an amendment that would prohibit impervious materials (hardcover) around planters and similar structures in the required lake yard. 2. 15.99 Deadline Not Applicable 3. Background/ Summary. In March, the Council approved an ordinance that allowed retaining walls, planters, and similar structures to be allowed in all required yards when certain conditions were met, including the improvement is less than 2 feet above grade. The desire to enact the original ordinance was based on a number of residents had noted the difficulty in being able to landscape their property while meeting the setback requirements, as retaining walls and landscape beds above ground are considered structures. The draft ordinance is offered to prohibit these improvements in the lake yard to address concerns of unwanted hardcover in the lakeyard. 4. Planning Commission vote and comment. The Planning Commission voted 4-3 on a motion to do nothing, make no adjustment to the ordinance. The Commissioners recognized the original concerns focused mainly on side and front yards, not specifically lake yards, but noted that many, many (estimated at 33% of all lakeshore lots or more) in Orono have landscaping beds edged with impervious material, including plastic, metal, and rock, and felt that the ordinance, allowing flexibility for these types of improvements was in keeping with the original intent of the ordinance, making minor, non -obtrusive improvements easier to accomplish. 5. Public Comment. No comments were made prior to or during the public hearing. Since the meeting, Peter Lanpher has provided comments, attached as Exhibit E. Mr. Lanpher notes his concern with possible inconsistencies with the statewide shoreland regulations. Staff has confirmed with DNR staff that the placement of landscaping edging and similar materials in the lake yard is NOT a violation of the shoreland rules, provided these improvements are above the OHW. The city's shoreland regulations already introduce flexibility from the state guidelines, and have been approved by the DNR. The modification made in March does not need to be reviewed by the DNR. 6. Staff Recommendation. If the Council desires to prohibit planters and similar structures, including landscape planter edging, boulder fire rings, and similar in the 75' lake yard, then the draft ordinance as provided as Exhibit A will clarify the issue. As with any amendment, any existing retaining walls, planters, and similar structures already installed are considered non -conforming, and are permitted to remain. If the Council feels that the placement and use of impervious materials in planters or similar structures are acceptable in the lake yard, no change should be made. COUNCIL ACTION REQUESTED Motion to either adopt, adopt with modifications, or reject the draft ordinance provided in Exhibit A. Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: ��