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AGENDA ITEM <br />Prepared By: J. Barnhart Reviewed By: A. Carlson Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. To consider an amendment to the zoning code that clarifies the ability for riparian property <br />owners in the RS zoning district to grant easements for non-riparian owners in the RS zoning district, for <br />access. The ordinance also removes the opportunity for the City Council to issue a ‘permit’ for a dock on <br />Big Island. <br /> <br />2. Background. This item was discussed by the Code Review Committee in April. The RS zoning <br />district is confined to three islands in Orono (Deering, Mahpiyata, and Big). In 2020, the City Council <br />approved an ordinance amendment that allowed non-riparian property owners in the RS zoning district <br />access to the lake via a private easement. At the time, the regulation prohibiting this type of access was in <br />the subdivision code, because at the time, easements were considered subdivisions. <br /> <br />With the rewrite of the subdivision code, easements are no longer considered subdivisions, and the <br />regulation allowing this access is hard to find for the general user. <br /> <br />Additionally, there is a clause in the code (Sec 78-567) that allows the Council to grant a permit for an <br />inland property owner to use the public right of way. Docks on City property are considered municipal <br />docks and require a permit from the LMCD. Additionally, the City establishes a licensing process for <br />docks in 2021, effectively replacing the original clause. <br /> <br />3. Planning Commission Vote and Comment. On May 16th, the Planning Commission held a public <br />hearing. Following the public hearing, the Planning Commission voted 7-0 on a motion to approve the <br />ordinance as drafted. The members of the Commission confirmed this was no expansion of inland docks, <br />and supported the amendment as drafted. <br /> <br />4. Public Comment. No comments have been received for or against the proposed amendment. <br /> <br />5. Staff Recommendation. Staff recommends the Council adopt the ordinance as drafted. <br /> <br />COUNCIL ACTION REQUESTED <br />City Council should adopt the ordinance as drafted. <br /> <br />Exhibits <br />A. Draft Ordinance <br />B. PC Staff report <br />C. PC Minutes Draft <br /> <br /> Item No.: 19 Date: June 13, 2022 <br />Item Description: LA22-000019 – City of Orono Text Amendment Related to Docks in <br />the RS zoning District Ordinance No. 273, Third Series <br />Presenter: Jeremy Barnhart, AICP <br />Community Development Director <br />Agenda <br />Section: <br />Consent Agenda