08-17-2015 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 20, 2015 6:30 o'clock p.m. Acting Chair Landgraver closed the public hearing at 8:55 p.m. Barnhart suggested the new definition be added to the draft ordinance. Thiesse moved, Schwingler seconded,to recommend approval of Application No. 15-3760, City of Orono,Amend City Code to Allow Hair Replacement Clinics in the B-1,B-3, and B-5 Districts, with the following definition of clinic being included: "Clinic for human care on an outpatient basis only: A place where a group of licensed medical practitioners provide medical treatment or advice on an outpatient only basis." VOTE: Ayes 5,Nays 0. 9. #15-3766 CITY OF ORONO,AMEND CITY CODE REGARDING AVERAGE LAKESHORE SETBACK, 8:56 P.M.—9:07 P.M. Barnhart stated in Staff's review of the Code and based on the direction of the Planning Commission and City Council at their joint November work session, one of the priorities to be addressed was the average lakeshore setback. At that time the Planning Commission identified no new changes since the system appeared to be working well in terms of variances and applying that on a case-by-case variance. Staff is proposing tonight that the Planning Commission make a recommendation on codifying the practice that the City has been applying on situations where someone is adjacent to a vacant lot or a right- of-way. Barnhart stated if you are the owner of Property B,the average lakeshore setback, assuming there is a house on Property C, would a line from the lakeward most point. If there is no building on Lot C, there is no place to draw the line. In practice the way the average lakeshore is applied is whatever the average lakeshore setback is the distance the standing house is from the ordinary high water level. The Code currently reads: "No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings, lockboxes, flagpoles, and pump houses. Further,the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most la�Ceward protrusions of the residence buildings on the immediately adjacent lakeshore lots. In instances where the average lakeshore setback cannot be met, administrative approval may be granted at the discretion of the planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval." Staff is proposing that the phrase planning director be eliminated and replaced with "city administrator or designee." Barnhart noted no substantive changes are being suggested to the City's practice but that Staff wanted to confirm practice in certain unique situations and codify this practice. Schoenzeit stated the goal is not to get as close as someone can to the 75-foot line without going over, which, over time, allows the homes to creep closer to the lake Page 23 of 25