08-12-2019 Council Work Session Packet

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. 7. LA19-000053 CITY OF ORONO, AVERAGE LAKESHORE SETBACK DISCUSSION, 7:56 P.M. — 8:30 P.M. Barnhart stated this item is intended to be a discussion on the City's average lakeshore setback and will likely be discussed at a work session. The average lakeshore setback was established in 1992 and was intended to protect the views of lakeshore property owners. Typically, the average lakeshore setback is established by the location of the principal structures on the neighboring lakeshore lots but there are some exceptions for lots adjacent to right-of-way or vacant lots. The City recently observed a situation where the average lakeshore setback didn't realistically protect a lakeview as the setback line prescribed by ordinance went through the neighboring principal structures. Another example is an average lakeshore setback where it goes right through the house. It is Staff's belief that the following are the goals of the ordinance: Preservation of lake views. Is it the City's intention to preserve a 180 -degree view shed, free of structures or reasonable views of the lake given inherent development densities? 2. Accommodates various unique circumstances, including meandering, concave/convex shorelines, and peninsulas. Is it the City's intent to preserve views for homes that are set back more than 200 feet from the lake? Should there be a maximum average lakeshore? Is it the City's intent to preserve views where the homes are orientated over another's property? Clarity. Any resulting regulation should be understandable for the average citizen. This often precludes numerous exceptions. To date, no public comments have been received. Planning Staff requests direction on how to proceed. This direction will be provided to the Council and both will be used to develop regulatory solutions for future consideration. McCutcheon asked if the common rule is 75 feet from the lakeshore. Barnhart indicated he looked at Mound and Excelsior and most of those communities have some regulations to preserve views. Mound does not. Victoria uses a 150 -foot setback to preserve the views. The other cities have similar regulations. Chair Ressler opened the public hearing at 8:11 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 8:11 p.m. Barnhart noted Staff did not notice this as a public hearing. Ressler stated he would like the ordinance to be written so it is understandable by the average person. Some of the issues might be mitigated if an average of two or three neighboring properties is taken into consideration to help understand where that line is represented. Ressler stated one example is of a Page 1 of 3