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43090.9 <br />TO: Mayor and City Council <br />FROM Mark E. Bernhardson, City Administrator <br />DATE: May 8, 1990 <br />SUBJECT: Lake Use Management - Shoreland Management <br />Shoreline Regulation - Concerns have been expressed about Orono's <br />leadersFip in tHIi"area. The shoreland regulations in LMCD s <br />plan have incorporated much of the leadership of Orono and the <br />review of the attachment to this indicates where Orono is equal <br />or more strict than and what areas that would need to amend if <br />there were to become effective. Additional concerns e-pressed in <br />this area are what impact is there if I.MCD does imt ment this <br />plan that their shoreland regulations would have on ours. At the <br />present time it is understood that this will be strictly for the <br />local community to adopt and that LMCD will only act as a <br />catalyst to encourage that together with have review and comment <br />in two specific areas: <br />Variances for height anywhere in the community <br />B. Hardcover regulations within 0-75 foot setback <br />While laudable in general there are some concerns that this may <br />be too the broad so that a height variance a mile and a half from <br />shore that is 10 feet will have little impact on the lake itself <br />but still require review and comment. (On the other hand a ju <br />story highrise near the lake could have a very deleterious effect <br />on the perception of the lake and the lake experience.) <br />Stringency of City regulation - The concern has ^Iso been <br />expressed ^hat the City's regulation could be strengtened. This <br />applies to three areas: <br />A. Leadership in adopting more stringent ordinances <br />B. Concern regarding how stringent the current rules are <br />interpretated. <br />C. The te3ts used in determining for variances to those <br />regulation. . <br />Generally this and past Coancils have been relatively consistent <br />in what they have g«nted. With this Council »=tually being as in wuau u j 5 in the general case on lakesnore <br />rariifcrs^^hanT-sV councils. Wh^le specific ‘"’’^/tren <br />variances may not be as stringent the general practice has been <br />to do such. Examples of increased stringentness <br />^'|eSpU“£?y^^unYiS°^0-75 to remove it, if they hav^^^r^;>