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AGENDA ITEM <br />Date: April 14, 2025 <br />Item: 11 <br />Title: LA25-000002, Text Amendment: 78-1279(6) - Average Lakeshore Setback, <br />Ord 313 <br />Presenter: Laura Oakden, Community Development Director <br />Section: Consent Agenda <br />Purpose: <br />The City of Orono proposes an amendment to Zoning Code Section 78-1279 regarding average <br />lakeshore setback to fix typographic errors. <br />2. Background: <br />The Average Lakeshore Setback (ALS) standards are within the Shoreland Overlay District <br />regulations. The purpose of the ALS regulation is to protect views of the lake or sightlines to the <br />lake over a subject property. The code attempts to describe a setback line based on the location of <br />the existing principal residence buildings on neighboring lakeshore lots. The ALS prohibits <br />buildings (principal and accessory) and certain accessory structures from being located lakeward <br />of this setback line as defined. <br />It is not uncommon for regulations to be amended or modified over time. The ALS code language <br />has been amended numerous times since its adoption with the Shoreland Overlay District <br />Regulations in 1992 to clarify terms and/or to add exceptions from the standard. As a result of a <br />recent amendment there is a typo in the language which creates confusion. Staff proposes <br />amendments to clarify the language (rearranging text), update references to other sections of the <br />code, and correct the typo; no change in the purpose or application of the regulation is proposed. <br />The proposed changes are intended to make the text easier to understand and apply. <br />3. Planning Commission Vote and Comment: <br />The Planning Commission reviewed the proposed draft language at the March 17, 2025 Planning <br />Commission meeting (video) (Planning Commission Report). A public hearing wad held and no <br />public comment was made. The Commission agreed with City Staff regarding the amendments <br />and recommend 5-0 to approved the proposed text amendment to the average lakeshore setback. <br />4. Public Comment: <br />No public comments have been received. The proposed code language was sent to the DNR for <br />their review and approval; a Conditional Approval letter from the DNR is attached as an exhibit. <br />Staff Recommendation: <br />Planning Department Staff recommends approval. <br />COUNCIL ACTION REQUESTED <br />1) Review the proposed text and make a MOTION to adopt Ordinance 313 <br />2) Approve publishing a summary in the paper <br />Exhibits <br />A. Draft Ord 313 Text Amendment ALS 78-1279 <br />62 <br />