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AGENDA ITEM <br />Item No.: 18 <br />Date: January 13, 2020 <br />Item Description: LAI 9-000104 — City of Orono Text Amendment — Lake Access <br />Easements in the RS zoning district — Public Hearing <br />Presenter: Jeremy Barnhart, AICP Agenda Planning Department <br />Community Development Director Section: Report <br />1. Purpose. Consider change to the subdivision code related to lake access easements in the <br />Seasonal Recreation zoning district. <br />2. Background. The City Code allows inland property owners in the Seasonal Recreation (RS) <br />zoning district to place private docks in right of way with Council approval (Section 78-567 (1)). <br />The City received such a request (Case number LAI 9-000086), and in the review, it was noted <br />that the applicant, adjacent property owners, the Planning Commission, and the City Council <br />preferred a location through a neighboring property; however this solution is prohibited by City <br />Code, section 82-255. <br />At its meeting on December 91t', the City Council directed staff to prepare an ordinance <br />amendment that would allow for inland properties in the RS zoning district to seek an easement to <br />the lake. That proposed ordinance is attached as Exhibit A. <br />An amendment of the subdivision code (section 82) requires a public hearing, typically conducted <br />by the Planning Commission. Section 2-40 of the City Code allows the Council to conduct the <br />public hearing. The public hearing has been scheduled. <br />Analysis. The prohibition was established prior to the codification of the current ordinance in <br />1984, and has not been amended since then. The City has long prevented lake access via <br />easement as a means to prevent lake crowding and overdevelopment. The draft ordinance would <br />allow 20 inland lots to negotiate an easement with lake shore property owners in the RS zoning <br />district, on Big Island. Several of these lots are owned by the same person. The 20 lots do not <br />include those lots that are combined as a tax parcel with a lakeshore lot on Big Island. <br />4. Public Comment. To date, no comments have been received for or against the proposal. <br />5. Staff Recommendation. Staff recommends the Council adopt the Ordinance as drafted. <br />COUNCIL ACTION REQUESTED <br />City Council should review the draft ordinance and adopt or amend. <br />Exhibits <br />A. Draft Ordinance <br />B. City Council Minutes <br />C. Map of impacted properties <br />Prepared By: J. Barnhart <br />Reviewed By: -Sb)R <br />Approved By: -TV <br />