01-26-2015 Council Packet - Laserfiche WebLink

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� �OUNCIL MEETING Date Application Received: NA JAN 2 6 2015 Date Application Considered as Complete: NA 60-Day Review Period Expires: NA CITY OF ORONO � REQUEST FOR COUNCIL ACTION Date: January 22, 2015 Item No. � Department Approval: Administrator Approval: Agenda Section: Name:Mike Gaffron Planning Title: Senior Planne Item Description: 14-3706 Amend Zoning Ordinance Text: Clarify Definition of"Toe of Bluffl' List of Ezhibits: Exhibit A. Draft Ordinance Exhibit B. PC Memo and Exhibit dated 1/20/15 Summary of Request: Revise the definition of"toe of bluff'to clarify that the toe of bluff is a single point on a slope, not one or more points on a slope; and to clarify that when the toe as defined is lakeward of the OHW,the OHW becomes the toe. Planning Commission Recommendation: On 1/20/2015 the Planning Commission held a public hearing and recommended adoption of the proposed code amendment on a vote of 6-0. Staff Recommendation: Staff recommends approval. During a recent zoning application involving the determination of whether a slope was a bluff, it became clear that the existing definition could be interpreted to define multiple points on the bluff as the toe. The definition that has been in Orono's code since 1992 is consistent with, and in fact matches word for word,the definition within State of Minnesota Shoreland rules. However, in order to clarify the definition in an attempt to eliminate irrational interpretations of it,the definition is proposed to be revised to clarify that the toe of bluff is a single point on a slope, not one or more points on a slope; and to clarify that when the toe as defined is lakeward of the OHW,the OHW becomes the toe,not some point out in the lake bed. Staff Recommendation 'The definition of"toe of bluf�' should be revised per the attached draft ordinance. COUNCIL ACTION REQUESTED Motion to adopt the attached Ordinance Amending the Orono Zoning Code by Amending the Definition of"Toe of Bluff".