10-16-2023 Planning Commission Packet

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To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: October 16, 2023 Subject: #LA23-000054, City of Orono Text Amendment: Retaining walls within the Shore Setback Zone- Public Hearing Application Summary: The City of Orono is proposing an ordinance amendment that will allow limited use of retaining walls within the Shore Setback Zone. Staff Recommendation: Planning Department Staff recommends approval of the draft as written. Background The City Council processes many variances for retaining wall within the lakeshore setback every year. The Council directed staff to review the current regulations relating to retaining walls and determine of if any amendments to the City Code should be considered. City Staff presented information to the Council at the April 24, 2023 and May 19,2023 work sessions which included general background information, examples of different types of walls and wall construction, guidance from the Comprehensive Plan, DNR and other lake area communities. See Exhibits B and C. Currently, the City Code prohibits retaining walls within the shore setback of protected waters. The shore setback varies based on the classification of the protected water; the required shore setback for Lake Minnetonka is 75-feet. The strict prohibition presents multiple challenges for residents who are working to repair or replace failing walls or to address erosion issues. The current regulations do not provide any guidance for best practices regarding material, methods, or screening of walls. Staff recommends the Council amend the City Code to create an administrative process and a conditional use permit process to permit retaining walls within the shore setback on properties with specific conditions. Additionally, clarification to the definition of retaining walls and elimination of redundancy within the City Code will be achieved with the proposed ordinance. Proposed Language: • ADMINISTRATIVE PERMIT: A Staff -issued Zoning Permit for retaining walls must meet the following: o Replacement Walls: Must be under 4 feet in height, have a documented failure of the existing wall, and the replacement wall must be in the same general location and height of the existing wall. o New Walls: Must be an integral part of an allowed lake access stair. • CONDITIONAL USE PERMIT: A Conditional Use Permit (CUP) for any wall not meeting the administrative approval standards including: