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��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �� No. � 7 1 2 �qkESH04� - A3. Each of the Lots abuts Mooney Lake. The Lots are each in excess of 2.0 acres in area, and each meets the minimum required lot width at the OHWL of Mooney Lake as well as at the 100' lakeshore setback line. As of the adoption of this resolution, all of the seven Lots are vacant. A4. The Lots are located within Stormwater Quality Overlay District Tier 1 which allows 25% hardcover. A5. The Applicant is the developer of MOONEY LAKE PRESERVE and as of the date of this Resolution has sold 5 of the 7lakeshore Lots and retained ownership of 2 Lots. A6. In the original subdivision application for MOONEY LAKE PRESERVE, possible house pads, and in some cases expected house locations,were depicted in order to show that each proposed Lot had a suitable conforming building site. On some Lots the depicted locations were the only feasible location for a home based on topography, tree preservation, wetlands, stormwater ponding, septic sites, driveway locations, or a combination of these site factors. A7. T'he plat of MOONEY LAKE PRESERVE was approved without a reference to the potential impacts of the Average Lakeshore Setback ordinance (the "Ordinance"), Orono Zoning Code Section 78-1279(6) which is predicated on the relationships of home locations on the immediately adjacent lots. The intent of the average lakeshore setback rules is preservation of lake views enjoyed by adjacent properties. Absent provisions to address the average lakeshore setback, depending on which lot is built on first,the average setback rule could force a variance situation for one or more of these newly platted Lots. As a result, it was recommended by City staff that the developer apply for a `blanket' average lakeshore setback variance on behalf of the owners of the seven lakeshore Lots. A8. Under the ordinance as currently written, administratior�of the average lakeshore setback is completely reliant on the location of the existing homes on the two adjacent lakeshore lots. When there is no home on one of the adjacent lakeshore lots, the required average setback is defined as the setback from the lake of the home on the opposite adjacent lot. When neither adjacent lot contains a home, the average setback is undefined, and the applicant's home may be placed at the required lake setback for that zone. A9. As documented in the staff report to the Planning Commission dated November 15, 2016, the impacts of the provisions of the Ordinance vary from Lot to Lot, and are a function of the unpredictable timing and individual location of new home construction. As a result, absent a provision to exempt the Lots from the Ordinance,the buildability of a specific Lot may be reduced or even nullified by actions of an adjacent property owner. Such potential impairments are not in the best interest of the City or the Lot owners.