03-17-2025 - Agenda Packet Planning Commission - PC Packet

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To:Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From:Laura Oakden, Community Development Director Date:March 17, 2025 Subject:LA25-000002, City of Orono Text Amendment: City Code Section 78-1279(6) - Average Lakeshore Setback Background The Average Lakeshore Setback (ALS) standards are within the Shoreland Overlay District regulations. The purpose of the ALS regulation is to protect views of the lake or sightlines to the lake over a subject property. The code attempts to describe a setback line based on the location of the existing principal residence buildings on neighboring lakeshore lots. The ALS prohibits buildings (principal and accessory) and certain accessory structures from being located lakeward of this setback line as defined. “Buildings” and “structures” are defined in Section 78-1 of the Zoning Code as follows: Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. The ALS code language also outlines exceptions for accessory structures that do not exceed 42 inches in height (measured from existing grade) as these improvements are low/at grade and do not impact lake sightlines (i.e. pools, patios, retaining walls). It is not uncommon for regulations to be amended or modified over time. The ALS code language has been amended numerous times since its adoption with the Shoreland Overlay District Regulations in 1992 to clarify terms and/or to add exceptions (including the above-noted 42-inch exception) from the standard. As a result of a recent amendment there is a typo in the language which creates confusion. At this time, staff proposes amendments to clarify the language (rearranging text), update references to other sections of the code, and correct the typo; no change in the purpose or application of the regulation is proposed. The proposed changes are intended to make the text easier to understand and apply. Public Comments No public comments have been received. The proposed code language was sent to the DNR for their review and approval; a Conditional Approval letter from the DNR is attached as an exhibit. Application Summary: The City of Orono proposes an amendment to Zoning Code Section 78- 1279 regarding average lakeshore setback and to fix typographic errors. Staff Recommendation: Planning Department Staff recommends approval. 89