08-18-1993 Public Hearing-Flag Lot Issue Minutes

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To: From: Cliainnan Schroeder and Orono Planning Commission Mcinhers Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Z.oning Administrator Date:August 6, 1993 Subject: Ordinance Amendment - Definition of Lot Width/Flag Lots - Public Hearing List of Exhibits A - Staff Sketch - Hypothetical Example For Discussion B - Plat Map Examples C - Staff Memo 6/16/93 Background Based on the historic definition of lot width (measured at the "rear of the front yard"), non-lakeshore cul-de-sac lots and flag iots have always required a lot width variance. However, for lakeshore lots, which had no "front yard”, but only a "rear yard" and "lakeshore", staff as a matter of policy measured lakeshore lot widths at the street setback line and the lake setback line. The definition of lot width w-as revised w'hen the Shoreland Regulations were adopted to require that lakeshore lots meet the required width only at the shoreline and at the lake setback line. This eliminated the need for variances for most lakeshore cul-de-sac and flag lots. However, the Lake Use Committee reviewed the Shoreland Regulations merely in the context of cul-de-sac lots and the issue of lakeshore flag lots was not considered. Since the City in recent years has generally moved toward creating driveway outlots rather than flag lots, the shoreland lot width definition resulted in an unanticipated inconsistency. Application #1825 on Old Beach Road, was the first lakeshore lot subdivision the City has dealt with on a General Development lake since the Shoreland Regulations were adopted. Both Planning Commission and Council members expressed a concern that while the creation of flag lots had not been allowed anywhere under the prior code, the new shoreline regulations did not continue that policy. Planning Commission recommended denial of the application based on hardcover issues having to do w ith the driveway within the narrow platted corridor. Council subsequently directed that the issue of lot width for lakeshore lots be studied, since they w'ere not aw'arc that flag lots would be allowed under the new regulations, and asked for time to reconsidered the code requirements, and possibly amend the code if that seems appropriate. A 90-day moratorium was adopted for subdivisions proposing flag lots. Use of Flag Lots T.ie Flag lot might be defined in a number of ways, but is not currently defined in the zoning code. One definition might be: "A lot typically separated from a public or private road by another lot and which gaims access to the public or private road via a narrow corrid.^r typically 10’ to 50 ’ in width, which is part of the flag lot". Another way to look at it is that