04-09-2012 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL Monday, March 26, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 3 of 7 (3. #12-3542 CITY OF ORONO, CODE AMENDMENT FOR LOTS OF RECORD IN SHORELAND AREAS, Continued) The 2009 Statute revisions require that cities allow property owners to build on such lots when they meet certain minimum criteria. These minimum criteria are generally not consistent with Orono's minimum standards and would allow building on lots which would not be considered buildable without substantial variances under Orono code. The City no longer has the option of denying buildability of such lots when they meet the minimum criteria established by the new statute. The primary intent of the proposed ordinance is to make Orono Code consistent with state law. An example of this is the application for a development on Maple Place. The Planning Commission reviewed the proposed ordinance at a public hearing held on February 21st and voted 6-0 to recommend approval. There were no comments from the public. Staff recommends approval of the ordinance and summary ordinance attached to the Staff memo. Gaffron noted there are some small lots that would not be buildable with the statute in place. Gaffron indicated he is not concerned about the impact on Big Island but that he does have a concern with small lots located in Navarre. McMillan asked about the list of record lots and if any are located on the mainland. Gaffron indicated the list is only for the RS District and includes Big Island and Deering Island properties, adding that the record lots were created specifically for Big Island back in 1983 and that the list has not been updated since that time. McMillan noted Item 3 on Page 3 states, in part, that the total amount of hardcover that may be placed, located or constructed in areas where hardcover is not prohibited shall not exceed 25 percent of the entire lot. McMillan asked if the entire lot area is included in that calculation. Gaffron indicated it is. Mattick indicated it relates solely to the need for a lot area variance. If you wanted to construct in the 75-250 foot zone, you would still be constrained to 25 percent hardcover in that zone and you would not get to apply the 25 percent used for the entire lot as an exemption for the lot area variance. Gaffron stated that may clarify what was discussed during the work session earlier this evening. Gaffron noted there was a concern raised during the work session that the City would not have the ability to deny a variance if the property was more than 25 percent hardcover in the 75-250 foot zone. This language clarifies that the City would have the ability to approve or deny a hardcover variance. Mattick stated the idea behind the legislation was that as lakeshore valuation increased, higher density becomes more desirable. People felt that if you have three lots, you should be allowed to construct on all three lots; whereas before the legislation was adopted, they would have had to combine those lots to reach the two acre minimum. Rahn moved, Printup seconded, to adopt ORDINANCE NO. 92, THIRD SERIES, an Ordinance Amending Chapter 78 of the Orono City Code Regarding Lots of Record in Shoreland Areas, and to adopt the Summary Ordinance for publication. VOTE: Ayes 4, Nays 0. Item #03 - CC Agenda - 04/09/2012 Approval of Council Minutes 03/26/2012[Page 3 of 7]