06-23-2003 Council Packet - Laserfiche WebLink

Home Browse Search

M3-2M9 May 20 2003 / June 18,2003 Pate 4 The attached resolution contains a finding regarding the unique geography of the island site as supportive of granting a variance for the fence. Council is asked to consider whether the granting of a variance to allow the placement of a shed somewhere on the island meeting the 26’ wetland setback, is similarly justified. Since no shed location, size or design has been proposed or reviewed to date. Council may wish to have applicant agree to some limits or parameters for such a structure. If approval of such structure is accepted by Council, an additional condition documenting such parameters would have to be added to the resolution. Zoning Status This property and the areas surrounding French Lake are zoned RR-IB (Rural Residential, 2-acre) which allows for animals as an accessory use on the property. When French Lake was classified as a Natural Environment (NE) lake with adoption of the Shoreland Ordinance in 1992, the property administratively became a lakeshore property but was not rezoned into a lakeshore district (LR-IA would be the 2-acre zone equivalent). In LR- districts, animals are not permitted outright but only through a conditional use permit. Most of Orono’s NE lakes are in the rural zoning districts. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Staff agrees with the Platming Commission’s recommendation to permit reconstruction of the gravel pathway since a pathway already exists and will continue to be used regardless of this application. Reconstruction of the pathway will ensure that it is a safe access, permitting the property owners to maintain the land as has been requested. The Planning Commissioners were split on the decision to allow horses on the island of land. Since the proposed horse use will only be on an intermittent basis, staff is comfortable with the Planning Commission’s motion for approval with conditions, even though the motion received a split vote. However, if the use becomes more permanent than currently proposed and establish^ in the resolution conditions, the property owners will be required to gain City approval to amend the conditions of this application. While the topography of the island suggests that a shed location meeting the 1 SO’ setback would be highly visible and potentially more visually intrusive than a location not meeting the setback, no specitlc shed design/size/location has been proposed. The public process for granting a variance would be compromised i f such a variance is granted without amending the appUcation, and tiolding a further public hearing. Therefore, staff does not re jommend approval of a shed less than 150 ’ from the OHWL at this time, and would suggest the application be amended and a further hearing held if applicant wishes shed approval. I ■ ! y I ; i