01-19-2021 Planning Commission Packet

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Orono City Chair Ressler Orono City Planning Commission Members January 19, 2021 Page 3 Like the proposed seven-lot subdivision before, this proposed six-lot subdivision asks the City to ignore its own established Average Lakeshore Setback Ordinance, subdivision ordinances, and the protections afforded neighboring property owners. The ALS Ordinance cannot be circumvented by the Jacobs Trust, and the proposed subdivision must be rejected for the simple reason that the City should not grant a number of variances to overcome admitted deficiencies in the proposed preliminary plat that fail to meet code requirements established for the health, safety, and welfare of Orono residents. II. Purpose of Orono Zoning Regulations. As previously referenced in our prior correspondence to the City Council, Sec. 78-5 of the Orono Code of Ordinances, attached as Exhibit 1, defines the "purpose" of the Orono Zoning Regulations. Section 78-5(a)(2) explains that"[t]he maintenance of open space and the avoidance of overcrowding of land is a basic guiding principle in this plan."And Section 78-5(a)(5) provides that"[t]he guiding principles of maintaining open spaces, avoiding the i//effects of overcrowding, avoiding premature development, avoiding the future pollution problems which are inherent in any plan to intensely develop land adjacent to wetlands and Lake Minnetonka, and the need to change some allowed uses in order to preserve the quality of the groundwater supplies in the area were recognized in the comprehensive municipal plan adopted on December 2, 1974, and the amendments to the comprehensive zoning chapter and map."(Emphasis Ours.) These stated purposes support application of existing codes to any proposed subdivision, not a departure from the ordinances that has the effect of increasing density and compromising the rights, safety, health, and welfare of the property owners in and around the development. III. Average Lakeshore Setback Ordinance. Section 78-1279(6) of the Orono Code of Ordinance— most recently updated on October 14, 2019 as Orono Ordinance No. 234, Third Series, establishes the general rule for Average Lakeshore Setbacks ("ALS'). A copy of Ordinance No. 234 is attached as Exhibit 2. Pursuant to the City's own records,1 the goals of the ALS are: 1) preservation of lake views; 2) accommodating unique circumstances, including meandering, concave/convex shorelines and peninsulas; and 3) clarity—the regulation should be understandable for the layperson. Both the 2004 and 2013 versions of the ALS, attached as Exhibit 3, included the following language: 1 City of Orono Memorandum dated August 12, 2019 and accompanying Minutes of the Orono Planning Commission, Monday,July 15, 2019. 3 6733724v1