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To: Chair Ressler and Planning Commission Members <br />Dustin Rief, City Administrator <br />From: Jeremy Barnhart, Community Development Director <br />Date: July 15, 2019 <br />Subject: #LA19-000053, City of Orono Text Amendment: Average Lake Setback <br />Application Summary: This the first step in a larger discussion regarding Average Lake Shore <br />setback provisions, and whether modifications to the ordinance are appropriate. <br />Staff Recommendation: Planning Department Staff requests direction. <br />Background <br />The Average Lake Shore setback is established in 1992 (Ordinance 1012 d Series) to protect the <br />views of lake shore property owners from encroachment due to expansion and placement of <br />structures on neighboring lots. Typically, the average lake shore setback is established by the <br />location of the principal structures on the neighboring lake shore lots, though there are some <br />exceptions for lots adjacent to right of way or vacant lots. <br />In the 18 months since January 2018, the city has processed 48 variance applications; of these <br />variance applications, 8 included a variance from the average lake shore setback in some form. <br />The regulation may be found in Section 78-1279: <br />(6) Average lakeshore setback. No principal or accessory building shall be located <br />closer to the lakeshore than the average distance from the shoreline of existing <br />residence buildings on adjacent lots; except that this does not apply to patios and <br />other accessory structures less than 42 inches above existing grade, stairways, lifts, <br />landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore <br />setback shall apply only to classified lakes and shall not apply to tributaries. The <br />average lakeshore setback line shall be a straight line connecting the most lakeward <br />protrusions of the residence buildings on the immediately adjacent lakeshore lots. <br />a. In situations where improvement is proposed on a lot adjacent to a vacant lot or <br />right-of-way, the average lake shore setback shall be equivalent to the setback of <br />the most lakeward protrusion of the residence building on the immediately <br />adjacent improved lakeshore lot. <br />The City Council recently observed a situation where the average lake shore setback didn't <br />realistically protect a lakeview, as the setback line prescribed by ordinance went through the <br />neighboring principal structures (Exhibit C). That, coupled with the variance frequency suggests <br />a review of the regulation is appropriate. Average Lake Shore setback was last amendment in <br />2015, to accommodate lots adjacent to right of way. <br />Analysis <br />This item is not yet scheduled for a public hearing. At this stage, staff seeks confirmation of goals <br />