07-20-2015 Planning Commission Packet

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� PC Exhlbit D MEMORANDUM To: Staff Council Planning Commission From: Mike Gaffron Date: September 21, 2011 Subject: Average Lakes6ore Setback - Background Orono initially established Average Lakeshore Setback regulations as part of Ordinance 172 adopted in late 1974. This was part of the camprehensive city-wide rezoning that took effect in 1975, which also established Lakeshore Residential (LR-) and Rural Residential (RR-) zoning districts. The uutial wording effective 1-1-75 and codified as Zoning Code Section 34.201 was as follows: 34.201. Lakeshore Setback ReFulations. The setback from the shoreline for lakeshore lots sltall be at least 7S feet and no building may be located closer to the shoreline than the average distance jrom the shoreline of existing residenre buildings on adjacent and nearby lots. Section 34.201 was renumbered in the 1984 recodification as Section 10.22 Subd. 1. The language remained unchanged until ac3option of Ordinance 26, 2"d Series in Ju1y 1986, at which time it was changed to read as follows: I0.22, Subd 1(B). No princ�pal or accessory structure shall be located within 75 fe�t of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots (Refer to Orono Manual of Design Staredards and Specifuations) eaccept that this does not apply to structure allowed in subsection A above. The significant revisions incorporated into this change were 1) clarifying that accessory structures (decks, sheds, pools, etc.), not just bu.ildins�s,must meet the average setback as well as principal structures; and 2) that only the residence buildings on immediately adjacent (not nearby) lots will be used to establish the average setback. The structure referred to in "subsection A" was a lockbox of 20 square feet located within the 0-75' zone and not more than 48" in height. It was during the mid-1980s that drawing a sight-line between principal residence stxuctures became the norm, rather than literally averaging the measured distances from the shore of the two neighboring homes. The average setback was discussed at some Iength during the review of a variance application for 1040 Tonkawa Road in 1985, and the examples from that discussion became part of the "Orono Design Manual", showing how a variety of shoreline configurations and relative house locations impacted view lines for the affected homes. The Design Manual also eventually contained the following two entries regarding administration of the average setback ordinance: