08-13-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL Monday, August 13, 2012 7:00 o'clock p.m. (5. #10-3491 CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) McMillan stated she is undecided about the tier system, but that the tier system does accomplish conforming lakeshore properties beyond the 250 -foot zone. McMillan stated they do not know if some cities regulate nonlakeshore within 1,000 feet of the shoreline. If it is nonlakeshore, the question is whether it is regulated by the DNR or other cities. McMillan stated it was her understanding that the DNR did cover anything within 1,000 feet of a lakeshore. Gaffron stated his understanding of the DNR ordinances is that everything within 1,000 feet of shoreline is regulated at 25 percent regardless of whether it is lakeshore. Gaffron stated he does not believe the DNR goes past the 1,000 foot line. Gaffron asked if the City Council is interested in a comparison on a few properties between existing ordinance, the DNR regulations, and the proposed ordinance. Bremer stated the minutes reflect that the City Council has already asked for that and in response to that request they got the packet that is before them tonight. Bremer noted at least two council members have spoken out against the tiers for that very reason. Bremer indicated she was more interested in the analysis that Staff conducted in arriving at the tier system, but that if anyone feels the DNR regulations would be a better way to go, the City should do the comparison. Bremer stated since she does not believe the City will go with the DNR regulations, she personally does not feel the comparison is necessary, but that she is willing to pursue that if the other Council members feel it would be helpful. Bremer recommended the City look at all the DNR regulations rather than simply plucking one piece of their regulations out. Gaffron stated as an example, with a lot that is 600 feet away from the lake consisting of one acre, the property owner would get about 10,000 square feet of hardcover at 25 percent. The City's current code would allow 35 percent or approximately 15,000 square feet of hardcover. Gaffron noted the further you are from the lake, if the City follows the DNR's 25 percent standard, a number of lots would be allowed less hardcover. McMillan noted the lots near the lake would be allowed more because the 0-75 foot zone would be included. McMillan stated if the DNR 25 percent standard makes a number of nonlakeshore properties nonconforming or you require multiple variances, then the City has shifted the problem to a different area. McMillan stated it may be worthwhile to determine why the DNR chose 1,000 feet from the lakeshore in their regulations. McMillan stated she does have a concern about what it would do further away from the lake and that the City should look at the DNR regulations comprehensively. Rahn noted the majority of the variance requests come from smaller, Lakeshore lots. McMillan commented there are not a large number of lots that are 1,000 feet deep. Bremer stated in order to get a deck on her mother's previous property located on Casco Point, she had to obtain a survey and that her property would have been far in excess of the 25 percent. Bremer commented there are a number of lots on Casco Point that would be much higher than 25 percent. McMillan stated the flip side is that everyone should do their environmental piece even if you are not located on the lake. Bremer stated Orono has a number of small houses on relatively small lots and that a large amount of the hardcover consists of the roads that service the homes. There have also been a number of very good Page 10 of 19