07-15-2019 Planning Commission Packet

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To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 'IkES H 00' From: Jeremy Barnhart, Community Development Director Date: July 15, 2019 Subject: #LA19-000053, City of Orono Text Amendment:Average Lake Setback Application Summary: This the first step in a larger discussion regarding Average Lake Shore setback provisions, and whether modifications to the ordinance are appropriate. Staff Recommendation: Planning Department Staff requests direction. Background The Average Lake Shore setback is established in 1992 (Ordinance 101 2nd Series) to protect the views of lake shore property owners from encroachment due to expansion and placement of structures on neighboring lots. Typically,the average lake shore setback is established by the location of the principal structures on the neighboring lake shore lots,though there are some exceptions for lots adjacent to right of way or vacant lots. In the 18 months since January 2018,the city has processed 48 variance applications; of these variance applications, 8 included a variance from the average lake shore setback in some form. The regulation may be found in Section 78-1279: (6) Average lakeshore setback. No principal or accessory building shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. The City Council recently observed a situation where the average lake shore setback didn't realistically protect a lakeview, as the setback line prescribed by ordinance went through the neighboring principal structures (Exhibit C). That, coupled with the variance frequency suggests a review of the regulation is appropriate. Average Lake Shore setback was last amendment in 2015,to accommodate lots adjacent to right of way. Analysis This item is not yet scheduled for a public hearing. At this stage,staff seeks confirmation of goals