07-14-2009 Council Work Session Packet

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Duplex Provisions July 13, 2009 Page 3 (2) No lot within 300 feet of a tributary and approved for duplex use per section 78-228(10) 78-253(10), 78-303(10), 78-328(9 , 7�-3�10), or 78-367(10) shall be less than 150 feet in width when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot shall also meet the minimum lot width requirements of the respective underl� zg oning district. City Standards vs DNR Standards The pertinent duplex provisions in Orono's code are related to the respective zoning districts as follows: 78-228(10)R-lA District 1.0 acre (43,560 s� x 0.8 = 34,848 sf 140' width 78-253(10)R-1B District 0.5 acre (21,780 s� x 0.8 = 17,424 sf 100' width 78-303(10)LR-lA District 2.0 acre (87,120 s� x 0.8 = 69,696 sf 200' width 78-328(9) LR-1B District 1.0 acre (43,560 sfj x 0.8 = 34,848 sf 140' width 78-348(10)LR-1C District 0.5 acre (21,780 s� x 0.8 = 17,424 sf 100' width 78-367(10)LR-1C-1 District 0.5 acre (21,780 s� x 0.8 = 17,424 sf 100' width DNR standards for duplex lots are different for duplexes than for single family lots, and different between lake classifications, different between sewered and unsewered property, and different between riparian and non-riparian lots. The pertinent elements that would affect duplex-qualified lots in Orono: Ri arian Non-Ri arian (Sewered) Single family Duplex Single family Duplex General 15,000 s.f. 26,000 s.£ 10,000 s.£ 17,500 s.f. Development 75' 135' 75' 135' Recreational 20,000 s.£ 35,000 s.£ 15,000 s.£ 26,000 s.f. Development 75' 135' 75' 135' Natural 40,000 s.£ 70,000 s.f. 20,000 s.f. 35,000 s.f. Environment 125' 225' 125' 220' Basis for Moratorium Request The initial assumptions we made for suggesting that a moratorium be enacted were that we have a variety of unfinished code revisions that are of higher priority at the moment. However, further analysis today suggests that this may be a relatively easy fix. Moratoria should not be enacted merely to delay development of one property. The incidence of requests for duplex uses is rare (I can think of only one we've had in the past 10 years); and the property in question (standards applicable are highlighted above in yellow) would need a lot area variance from Orono's code regardless whether the Shoreland section _ applied. These "housekeeping" errors that need to be resolved would require a public hearing that can happen in August, with Council action by September. A moratorium may be an unnecessary option.