Boat Club Issues 2010-2011 - Laserfiche WebLink

Home Browse Search

Mike Gaffron From: Mike Gaffron Sent: Thursday, December 08, 2011 1:08 PM To: 'Luke Kujawa' Subject: RE: Fuel filling at Brown's Bay Marina Luke— I brought up your request at our weekly staff meeting to get input from a planning and zoning perspective. Both the City Engineer and City Attorney were present. You need to be aware from the start that City staff will not support the granting of a variance to the standards established in the various City codes for fuel tank locations. The standard in the Zoning Code (Chapter 78) for many decades has been 75' minimum setback from the lakeshore.The lakeshore setback standard in the Fire Prevention and Protection Code (Chapter 46) was revised in July 2010 from 30' to 75' to eliminate conflicting language and reflect the City's intent that both aboveground and belowground fuel tanks must meet a 75' lake setback. In reviewing the survey for the property, it is clear that the only legal location for a fuel tank is in the parking lot. There is no location 'behind' the building (i.e. west or south of the building) that meets the previous 30' setback requirement, much less the 75' standard. The City is allowed by State statute to grant variances to zoning codes when certain criteria are met, and the zoning variance process includes review by the Planning Commission. However,the Fire Protection and Prevention Code, Chapter 46, is not a zoning code and any deviation from its requirements is solely at the discretion of the City Council without the need for Planning Commission review. Based on the above, our recommendation for a process is as follows: 1) Meet with staff to discuss your proposed fuel tank location(s) and review the site impacts of various locations. 2) If you choose to pursue a location less than 75'from the lake, we recommend you proceed directly to the City Council in January via the appeals process to determine whether there is any Council support for deviating from the 75' standard. If there is support, then proceed with a zoning variance application; if there is no support, then we would not recommend proceeding with a variance to the 75' standard, but you may wish to proceed with a variance to other standards if necessary (side or street setback?). Council review of an appeal could happen on January 9 or January 23. If it is determined that a zoning variance should be pursued, the deadline for the February 21 Planning Commission meeting is Wednesday January 18. We should meet next week to review your options. I am available Monday afternoon, Tuesday afternoon, or all day Wednesday. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4600 Fax: (952) 249-4616 1