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HomeMy WebLinkAbout03-07-2012 Planning Commission Work Session ORONO PLANNING COMMISSION WORK SESSION Wednesday, March 7, 2012 at 5:30 pm 2780 Kelley Parkway— Council Chambers AGENDA NEW BUSINESS 1. Review Questions from February 21st PC meeting — Attachment & Discussion 2. Code Amendment: Dock Slip Rental — Attachments & Discussion INFORMATION ITEMS 3. March 19th Legal Notice— Attachment ADJOURNMENT (7:00 p.m.) AGENDA City of Orono Planning Commission Meeting for Tuesday, February 21, 2012; 6:30 PM Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /www.ci.orono.mn.us Council Representative: Cynthia Bremer Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet — located in the lobby near the sign in sheet. Items on the Consent Agenda, including (*) asterisk items, are reviewed in total by the Planning Commission and may be approved through one motion with no further discussion by the Planning Commission. Any items may be removed by any Planning Commission Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Applicants will be asked to move to the podium to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. Consent Agenda * 1. Approval of Planning Commission Meeting Minutes of January 17, 2012. Old Business 2. 11-3531 Lori Gherardi on behalf of Wolverton Place, LLC, 4550 Wolverton Place, Subdivision (Staff: Melanie Curtis) 3. 12-3538 Roberts Residential Remodeling on behalf of Colin & Anna Peters, 3520 North Shore Drive, Variances (Staff: Ben Gozola) New Business 4. 12-3544 Charles Cudd DeNovo on behalf of Mary J. Bowman Trust, 1165 Ferndale Road West, Variances and Conditional Use Permit (Staff: Melanie Curtis) 5. 12-3545 J. Andre LaTondresse on behalf of John & Patty Bailey, 2807 Casco Point Road, Variance (Staff: Ben Gozola) 6. 12-3542 City of Orono, Code Amendment for Lots of Record in Shoreland Areas (Staff: Mike Gaffron) Planning Commission Comments 7. Report of Planning Commission representatives attending City Council meetings on January 23, 2012 and February 13, 2012. 8. Other issues for discussion. ADJOURNMENT Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notifications CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on March 19, 2012, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 11-3503 City of Orono is considering two amendments to the zoning code regarding Accessory Uses in Residential districts concerning residential dock slips. The City currently prohibits the rental of docks associated with residential property. The City is considering alternate ordinance amendments regarding this issue. One amendment will contemplate removal of the current language prohibiting rental of residential dock slips; the other amendment seeks to clarify the current regulations which prohibit private, residential dock slip rental. 12-3546 Todd Holmers, on behalf of Sandy Beach, LLC, PIDs 08-117-23-33-0030; 08-117- 23-33-0031; 08-117-23-33-0032; 08-117-23-33-0033; 08-117-23-33-0034; and 08- 117-23-33-0035 (a.k.a. the properties adjacent to 1545 Maple Place), LR-1C zoning district, requests a conditional use permit in order to conduct land alterations in excess of 500 cubic yards of material for the purposes of creating a stormwater pond. 12-3547 John & Phoebe Stavig, "790" Brown Road N, PID 34-118-23-11-0003, LR-1A zoning district, request a 15 foot setback from the top of the bluff where a 30 foot is normally required and a 30 foot setback from the rear/street lot line where a 50 foot setback is normally required in order to construct a new residence on a vacant property. 12-3548 Orono Public Schools, 685 Old Crystal Bay Road N, RR-1B zoning district, requests a conditional use permit as well as wetland and wetland buffer setback variances in order to construct observation platforms and an open pavilion within the 50 foot wetland buffer area for educational purposes. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by March 13, 2012 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker& The Pioneer Newspapers on March 3, 2012. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office Date: 7 March 2012 To: Chair Schoenzeit Planning Commission Members ( / From: Melanie Curtis Planning Coordinator UV ,v RE: 11-3503 - Dock Rental Attachments: 1. Draft Ordinance (May 2011) 2. Draft Council Minutes 02/27/2012 (not attached- will be handed out Weds at the meeting) 3. Dock Rental Information Flyers 4. Memo: Dock Rental Code Background 05/12/2011 5. Council Minutes 05/22/2011 6. PC Minutes 05/16/2011 7. LMCD Summary of Authorized Dock Use Area & Boat Density Restrictions 8. Code Comparison Chart—LMCD vs Orono (prepared by Staff) Summary: In May of 2011 the Planning Commission and City Council reviewed a potential amendment to the Zoning Code to address the multiple sections which apply to dock rental in residential districts. The amendment was moved forward by the Planning Commission yet tabled by the City Council for further study and discussion. It was recently placed on the February 27th Council agenda for discussion and direction. Historically Orono has regulated boat ownership at residential docks for the following reasons: • Slip rental at residential docks has history of negative impacts on Orono neighborhoods such as: ✓ traffic ✓ noise and activity at odd hours ✓ unknown persons in neighborhood • Parking is a concern • Likely increases number(i.e. density)of boats using the lake • Orono residents are familiar with ordinance and request enforcement on a regular basis during boating season (typically 8-10 complaints received annually) • Provision of residential dock space to non-lakeshore owners has been regulated in Orono since 1962 • Forces commercial use of property to stay in commercial zones where it is expected to be, and where it has minimal impact on neighborhoods From 1962 through 1994, Orono codes allowed one or two boats not belonging to the owner/renter/occupant of a property to be stored at a residential dock in a residential zone in the City. In 1995,the code was revised so that no boats not belonging to the owner/renter/occupant of a property could be stored at a residential dock in a residential zone. That is the current code. The proposed new code language reviewed by the PC and Council at the May 2011 meetings and the recent February 27th City Council meeting was intended to simplify and clarify the existing code language, but would not change the intent or impact of the code nor the way the code is enforced. At the February 27, 2012 meeting,the Council did not approve the dock rental ordinance amendment. On a vote of 3-1, Council directed staff to proceed with drafting two new alternatives for revising the code, and PC Work Session:7 March 2012 Dock Rental 11-3503 Page 2 of 2 begin a new public review process. The first alternative would be merely a revision of the currently proposed ordinance language keeping the current regulations in place but with added language that would not prohibit short-term boat storage such as weekend visitors, etc. The second alternative to be considered would be to draft a new ordinance that would eliminate any future City regulation of dock/slip rental at private residential docks. This two-track process is scheduled to include a public hearing before the Planning Commission on March 19 prior to action by the Council. The existing code has been enforced primarily by complaint. The City receives a number of complaints each year,typically from neighbors of a residential property where one or more slips are being rented to non- owners/renters/occupants. Slip rental at residential docks has a history of negative impacts on Orono neighborhoods; traffic, noise and activity at odd hours, parking concerns, and the element of unknown persons in the neighborhood have all been cited by complainants as negative neighborhood impacts. The existing Orono Code regulates residential slip rental through a combination of the following Code sections rather than one simple statement: 1. 78-661: B-2 Def. of Marina Business 2. 78-665: List of Permitted Uses in B-2 District- includes rental of boat slips 3. 78-302/303/304: List of Allowed Uses in LR-1A-doesn't include rental of boat slips 78-327/328/329: List of Allowed Uses in LR-1B-doesn't include rental of boat slips 78-347/348/349: List of Allowed Uses in LR-1C-doesn't include rental of boat slips 4. 94-71 thru 94-101: Marina Business Licensing Code: a. 94-71: Definitions • "Business Use" means engaging in either a marina business or the business of docking, mooring or storing boats. • "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Zoning District. • "Business of Docking, Mooring or Storing Boats" means renting or otherwise providing space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. b. 94-76: License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. c. 94-100: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. This item will be on the Planning Commission's March 19th agenda; a public hearing has been posted. Staff hopes to prepare language addressing both alternatives as directed by the Council for discussion at the March meeting. ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 78 REGARDING PRIVATE DOCKS IN DISTRICTS LR-1A, LR-1B, LR-1C,AND LR-1C-1 THE CITY COUNCIL OF THE CITY OFR O ONO, MINNESOTA ORDAINS: SECTION 1. The following language has been added to Section 78-304(6) of the Orono City Code: (6) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting or otherwise providing space, including boat buoys, for docking, mooring, or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. SECTION 2. The following language has been added to Section 78-329(6) of the Orono City Code: (6) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include rentin. or otherwise •rovidin. s lace includin. boat buo s for d•ckin moorin. or torin. one or more boats below in. to •ersons other than the owner or occupant of the property, except when licensed as a joint use. SECTION 3. The following language has been added to Section 78-349(6) of the Orono City Code: (6) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting or otherwise providing space, including boat buoys, for docking, moorin. •r storm . one or more boats belon.in. • •ersons •ther than the owner or occu Dant of the •r• •ert exce•t when licensed as a 'oint use. SECTION 4. The following language has been added to Section 78-368(6) of the Orono City Code: (6) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting or otherwise providing space, including boat buoys, for docking, mooring, or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. • SECTION 5. Effective date. This ordinance shall be effective upon adoption and publication according to law. ADOPTED this day of 2011 by the Orono City Council. CITY OF ORONO Lili Tod McMillan, Mayor ATTEST: Linda S. Vee, City Clerk C.,_ - 6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT: DOCK RENTAL- ORDINANCE NO. Curtis stated at the May 23,2011,Council meeting, Staff presented a draft ordinance with which Staff attempted to simplify and clarify the City's rules regarding rental of boat slips on residential property. At that time Staff was directed to bring the dock rental issue to the Council at a work session for more discussion. The dock rental ordinance was placed on the Council's September 12th work session agenda, but due to a time constraint,the dock rental ordinance was not discussed at that time. The City's concerns have historically been land use impacts of residential dock rental on neighbors and neighborhoods. The LMCD's regulations alone do not appear to address all of the potential impacts from residential dock rental. Staff recently spoke with Staff at the LMCD regarding their dock rental rule and enforcement. Staff did receive a letter from Rich Anderson today,which has been distributed to the City Council. Gaffron stated one of the questions that the Council had raised previously is whether or not the City's regulation of boat storage at residential docks was a duplication of the LMCD efforts. Staff has had extensive discussion with the LMCD regarding their codes. The chart before the Council tonight compares what the LMCD and Orono ordinances require. As an example,a site that has one or two boats, the LMCD allows two boats with no ownership restriction regardless of the lot size as long as those lots were created prior to 1978. In that instance,the City has had ownership requirement since 1962. For a site that has three boats with shoreline less than 126 feet,under the LMCD regulations,they do not require that any of the boats be owned or registered to the owner of the property;whereas the City has that requirement. Gaffron commented there are some differences between what the LMCD requires and what the City requires. The City has typically been more restrictive with their regulations than the LMCD. Rahn stated his opinion has not changed from the last City Council meeting and that it is a duplication of regulations. The Orono residents are used to calling the LMCD with questions,and if an ordinance is adopted by Orono,it would be virtually unenforceable by Staff. Rahn stated if it is parking issues that are driving the complaints,the residents have the ability to call the police to deal with that issue. Rahn stated the majority of the boat issues is covered in the LMCD's ordinances and that in his view it is confusing when there are different bodies of government enforcing similar codes. Rahn indicated he does not have any issues with letting the LMCD handle it. McMillan noted Tonka Bay allows one or two boats with no ownership requirement but that it does require proof of ownership for three or more boats at a private residence. Rahn commented that almost mimics the LMCD regulations. Loftus stated that does not take into consideration the amount of shoreline. Rahn stated he is simply talking about a single dock with a single residence. Franchot indicated his opinion also has not changed since the last Council meeting and that he personally feels the City's ordinance is a good idea. If the only issue is the issue of a guest boat,the City can deal with that in some way and still restrict the rental of dock space,which causes problems on the land with parking. Franchot stated in his view calls to City Hall can be reduced by having smart regulation,which is what is being recommended by Staff. Franchot stated one option would be to perhaps require a permit of some type. Another alternative could be to eliminate the language "providing for" and just address rental of dock spaces. Franchot indicated he is basically in agreement with Staff's recommendation. Printup asked how the LMCD regulates this. Greg Nybeck,LMCD Executive Director, stated since 2006,the LMCD has implemented a proactive code enforcement project,with certain priorities being established by the Board for enforcement purposes. The LMCD is not able to go out and do everything,but they do have a supervisor of the program that reports on any problem property she may observe. If there is an issue at a certain property, the LMCD will send out educational letters regarding the problem,followed by a re-inspection.The direction of the board last year was to decrease the time limit to correct the problem from three years down to two. In the past the LMCD has had only had four or five prosecutions,with the majority of the issues being resolved prior to prosecution of the matter being pursued. Nybeck noted the LMCD is not able to catch every violation. Printup asked how many complaints the LMCD receives a year on boat density. Nybeck indicated it is very few and that the majority of the violations are found through inspections. Nybeck stated it would be very difficult for the LMCD to constantly monitor the shoreline for docks that have more than three boats. Rahn noted the City of Orono contributes over$57,000 a year to the LMCD and that he would prefer City Staff work on issues that relate directly to the City rather than handle regulations that are already covered by another government entity. Nybeck stated it comes down to the philosophy of a city and that Orono does have the ability to have more restrictive rules than the LMCD if they so choose. Rahn stated he has spoken with over half of the lakeshore cities and they have indicated they basically stay out of it. Nybeck stated the LMCD does do a fair amount of education regarding boat density and dock slips,which does help alleviate the problem to some extent. In addition,a shoreline inventory is conducted every two years,which is planned for this year. Printup asked if the number of boats stays relatively the same. Nybeck indicated it does for the most part. The last inventory conducted showed approximately 9,200 boats where previously it was slightly over 10,000. Nybeck indicated the decrease in the number of boats was likely due to the economy. The LMCD will also be looking at jet skis at their work session on Wednesday as it relates to storage and whether any changes in the regulations need to be made to regulate those. Gaffron stated the City's code as it currently exists is contained in a variety of sections and that it was Staffs intent with the new ordinance to continue the exact same enforcement action that the City has undertaken in the past 30 years but to combine the regulations under one code section. The City receives perhaps get half a dozen to a dozen calls a year regarding boat slips from concerned neighbors. The only proactive thing that Staff has done is in the winter and spring they look on Craigslist to see if anyone is actively advertising a slip for rental since City Code prohibits that. In those situations a letter is sent to the property owner and boat owner advising them of the City's regulations. There are a few neighborhoods that historically have been the most problematic but typically Staff does not spend a great deal of time enforcing this regulation. McMillan noted the new ordinance would cover property owners that provide dock space,which means that there does not need to be a financial aspect. Mattick indicated that is correct and that the ordinance also does not cover the situation where a neighbor rents a boat slip from another neighbor,which perhaps should be added. The handout developed by Staff explains why a resident cannot rent out dock space. Mattick noted the code amendment was not meant to create a new set of rules but to clarify what was already being enforced. McMillan stated the real reason behind the ordinance is to address some issues that occur on land with a rental slip. Rahn commented it is a lakeshore issue when a neighbor allows someone to park their boat at their dock. Gaffron stated those are typically not the situations the City receives complaints about. Rahn stated he is not sure why Orono would want to be more restrictive than the other lakeshore cities. Rahn stated a resident would likely call the police prior to calling Staff if there is a boisterous person there or a parking issue that occurred over the weekend. Franchot commented the ordinanceg ives the Citysomethingto stand on if there is an issue. Franchot pointed out that Orono does tend to be stricterin a number of respects when it comes to protecting the lake. Printup asked what the general complaints are. Gaffron stated they are complaints regarding the coming and going of unknown people at odd hours of the day and night or possibly a parking issue.The City typically receives three or four complaints every year from residents on Crystal Bay Road regarding parking by people. Those are situations that would not occur if there was a prohibition of boat slips rentals. McMillan commented that there are likely a number of boat slips that are rented out or allowed to be used by non-residents but they do not cause any issues. McMillan stated from a philosophical standpoint,she does not like to have regulations that impact only three or four people. Gaffron noted this regulation has been on Orono's books since 1962 and the text amendment is a rewriting of the code to make the language clearer. If the Council does not wish to enforce that section of the code,other changes will need to be made to the City Code and public hearings will need to be held if the code is removed. Rahn stated he would like to move in that direction,and in the meantime Staff could document over the next couple of years the number of calls the City actually receives each year. Rahn noted Orono is a recreational community and that the residents will have visitors periodically that are unknown to the neighborhood. McMillan asked what process would need to be followed if the code is eliminated. Gaffron stated the application would need to go back to the Planning Commission for their review since they would be removing language from the code and not replacing it with new language. Gaffron stated the Council is probably looking at a two-month process. Mattick pointed out a dual application process could perhaps be followed,with one application showing the language that would be deleted and the other application showing the language that is being clarified. Mattick noted the text amendment is designed to clarify the existing code. Rahn stated the$50 fee for the moving of a residential dock could also be eliminated. Curtis noted that fee is for a first time dock and that there is also a fee if you are going to move a permanent dock. Rahn commented he is speaking about seasonal docks. Rahn noted the City has a$50 one-time fee for seasonal docks that will be reinstalled in the same location annually without permits. Gaffron stated Staff typically does not enforce that as long as the property owner is meeting the LMCD standards. Rahn recommended that fee be removed from the fee schedule. Gaffron indicated Staff is okay with that removal. Mattick noted Council Member Bremer objected to the text amendment since it did not seem to have any allowance for a neighbor to park their boat at a neighboring property,which could be added. Mattick stated the new application would just show the regulation provisions that would be struck out. Mattick recommended the City Council direct Staff to prepare that application and then bring it back before the Planning Commission. Printup moved, Rahn seconded,Application #11-3503, City of Orono,Zoning Code Text Amendment,to direct Staff to prepare a separate application that removes the pertinent language relating to boat slips and to bring it before the Planning Commission for their review,and to direct Staff to make the clarifications discussed tonight relating to the current application. VOTE: Ayes 3,Nays 1, Franchot Opposed. Tom Egan, Big Island.asked whether there would be any public comment allowed on this item. Gaffron indicated there will be a notice in the paper regarding the application and that public comment will be allowed at the Planning Commission meeting. Egan asked what the intent of the motion was. Gaffron stated the motion directs Staff to start a zoning amendment process that eliminates the regulations regarding rental of boat slips on residential properties,which would go first to the Planning Commission and then to the City Council. Gaffron stated the application will probably be heard in April. Egan noted a number of things were stated tonight that were not accurate as it relates to the LMCD regulations. The LMCD regulations state if the property owner is receiving income from a boat rental, it is considered a commercial business. McMillan stated his comments could be written down and sent to Staff for their review. McMillan noted the City Council has not approved anything other than to direct Staff to prepare a new application for review and discussion by the Planning Commission. '1 Dock Rental Information Flyer 4-98 /�J Updated 5-04 • 0 0 . CITY OF ORONO O 0\ Building & Zoning Department ,x,%,* ORONO MUNICIPAL CODE '�jY�� ti ejN �4G E0I0* Excerpts Regarding g PROHIBITION OF BOAT SLIP IP RENTAL IN RESIDENTIAL ZONES The Orono Municipal Code prohibits residential property owners from renting out boat slips at their private docks. The provision of slippage for anyone other than the owners or occupants of the property, regardless whether there is a 'rental fee' involved, is prohibited. Such activity is considered to be the 'business of docking, mooring or storing boats' which is only allowed within the B-2 Lakeshore Business District. The following Municipal Code sections apply: Section 78-661: Definition: "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Section 78-665: Within the "B-2" Lakeshore Business District, no land or structures shall be used except for one or more of the following uses: (1) Rental of in-water boat slips... ...(4) On-land storage of boats, winter and summer. Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: (LR-1A, LR-1B, LR-1C One Family Lakeshore Residential Zoning Districts, list of permitted, conditional and accessory allowed uses). None of these single family residential districts include 'rental of in-water boat slips' or 'on-land storage of boats, winter and summer' as allowed uses. They do allow "private docks" as an accessory use, 'subject to the City Code and other applicable regulations, including boat storage density requirements'. While 'private docks' is not defined in the zoning code, the City has contended and the court has upheld that a private dock is an accessory structure which by definition is a use "exclusively used for purposes incidental to those of the principal use", i.e. for the use of the owners or occupants of the property. Section 94-36/37/38: Re: Joint Use of Lake Facilities. This Section requires annual licensing for adjoining riparian property owners who wish to share a dock. It does not allow for business use of private docks. Continued - City of Orono PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES-Continued Section 94-71 thru 94-101: Re: Marina Business Licensing 94-71: Definitions "Business Use" means engaging in either a marina business or the business of docking, mooring or storing boats. "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Zoning District. Business_of_Docking,_Mooring_orStoring.Boats—rneansienting__or ntherwise_praviding space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. 94-76: License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. 94-100: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. I you havequestions,please contact the Orono Buildingand ZoningDepartment(952)249-4600. If P City of Orono-Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 ❑ Fax(952)249-4616 Dock Information Flyer-Updated 2/01 Updated 6/04 0 $ O p., CITY OF ORONO �, ,1 '•�o~ Building & Zoning Department What You Should Know About... RESIDENTIAL DOCKS More than 1/3 of the residential lots in Orono abut the lakeshore. With nearly 40 miles of Lake Minnetonka shoreline, and additional properties abutting Long Lake, Mooney Lake, French Lake, Dickey's Lake, Lake Katrina, Lake Classen and Lydiard Lake, Orono is home to an abundance of dock owners. The following rules and regulations govern the placement and use of private residential docks in Orono: • Seasonally installed docks are a permitted accessory use for residential properties which abut the lakeshore and contain a principal residence structure. • New seasonal docks require a one-time permit ($30.) and may be reinstalled at the same location annually thereafter without additional permits(Fee Schedule, p. 8). • Permanent docks require a Conditional Use Permit (Zoning Code Sec. 78-1113) and may require additional permits from the Lake Minnetonka Conservation District (LMCD) and the Minnesota Department of Natural Resources(DNR). • Rental of residential dock space is not allowed. Such activity is considered to be a commercial use,which is allowed only in the B-2 Lakeshore Business District(Sections 94-71 thru 94-101). • Sharing of a single dock by three or more adjacent lakeshore owners is allowed subject to City Council approval of a Joint Use Dock License(Sections 94-36 thru 94-38). • Placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District(LMCD). Minimum setbacks from the extended property lines are required. Contact the LMCD for further information (952-745-0789). For other Orono lakes, contact the Building & Zoning Department(952-249-4600). Minimum setbacks(similar to those in effect for other types of accessory structures) will be required, and special permits may be required for docks which must cross a wetland to reach open water. Municipal Docks. The City of Orono does not provide municipal docks for private boat storage, and has no "commons" areas for public dockage. The City does provide a small number of fishing and swimming docks, typically at locations where roadways were historically platted to the shoreline. Canoe rack rental spaces are available at Summit Park on Long Lake to Orono residents on a first-come first-served basis. Orono is home to 5 commercial marinas providing in aggregate a total of more than 450 rental slips. Additionally, public landings on North Arm and Maxwell Bay in Orono provide approximately 150 car- trailer parking spaces for transient boaters. City of Orono- Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55356 Telephone: (952)249-4600 / Fax(952)249-4616 To: Melanie Curtis, Planning Coordinator From: Mike Gaffron, Asst. City Administrator -;1,4 44 Date: May 12, 2011 Subject: Dock Rental Regulation Code Background The City initially regulated the rental of docks via Ordinance No. 43 adopted April 23, 1962. That ordinance defined the "Business of Docking or Storing Boats" as "Renting or otherwise providing space for docking or storing three or more boats belonging to persons other than the owner of the property upon which said boats are docked or stored". That ordinance further stated that a license is required to be engaged in the business of docking or storing boats, and that no license shall be issued unless the property involved is in the commercial zone. Ordinance No. 51 adopted April 8, 1963 slightly revised the definition by adding the clause "or adjacent to which said boats are moored", recognizing that mooring buoys are an alternative method of boat storage. Ordinance No. 166 adopted June 25, 1974 again slightly revised the definition to read as follows: "Renting or otherwise providing space, including boat buoys,for docking, mooring,or storing three or more boats belonging to persons other than the owner or renter of the property upon which said boats are docked or stored, or adjacent to which said boats are moored". This new language allowed the renter of lakeshore property to have the right to store a boat on the property. Ordinance No. 173 adopted December 19, 1974 revised the definition again, this time to read: "Renting or otherwise providing space, including boat buoys,for docking, mooring, or storing three or more boats belonging to persons other than the owner or renter of the property upon or from which said boats are docked or stored, or adjacent to which said boats are moored". The 1984 recodification of the Municipal Code resulted in additional minor changes to the definition: "Business of Docking, Mooring,or Storing Boats means renting or otherwise providing space, including boat buoys, for docking, mooring, or storing three or more boats belonging to persons other than the owner or renter occupant of the property upon moored". The definition underwent a significant revision with Ordinance No. 117, 2nd Series adopted June 28, 1993: "Business of Docking, Mooring, or Storing Boats means renting or otherwise providing space, including boat buoys,for docking, mooring, or storing three one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use". This revision effectively disallowed the rental of any slips at private docks without a business license. Ordinance 117, 2"d Series also separated out the joint use dock licensing requirements from the marina licensing requirements.Note that the clause "except when licensed as a joint use"would not apply to most dock rental situations, because a joint use license can only be obtained by a group of riparian or non-riparian landowners within a subdivision. Finally, Ordinance No. 132, 2"a Series adopted January 23, 1995 was a complete overhaul of the B-2 District standards, and for the first time, "Rental of in-water boat slips" became a permitted use in the B-2 District, where such use had not previously appeared as a permitted, accessory or conditional use. This is significant in that such use is allowed specifically in the B-2 and not in other districts, so the use functionally became prohibited in all other districts. Conclusion: From 1962 through 1994, one or two boats not belonging to the owner/renter/occupant could be stored at a residential dock in a residential zone. Starting in 1995, no boats not belonging to the owner/renter/occupant of a property could be stored. that is still the case today. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2011 7:00 o'clock p.m. (8. #11-3504 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AME I ENT RESID. TIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Con • ued) she has a har• • e understanding why a special event permit would not work i• his circumstance since one of the check e s on the permit application is public land. Mattick stated in the Ci Code there is a special provision that addres -s the Big Island situation and that he is not aware of the other o situations. Mattick stated in his vi• ' special events tend to be more temporary in nature and that h- • attempting to put this use wh- - it most logically belongs. Dennis Walsh, 1354 Rest Point Circle, z.mmented that t is a worthwhile project and has good potential to create some positive PR for th- 'ty. Wals P stated that perhaps Orono could lead the western suburbs in an effort like this and suggested that o• ation be placed in the Laker and Pioneer to help inform the residents on the steps the City is doin. o •-1p address some of the different issues that are in the communities. Acting Mayor Printup closed the public earing at 8:36 p.m. Printup commented that in his vie this is a good idea and would be a goo. 'enefit to the community. Mattick noted a specific dat.-could be included in the permit. Bremer moved,Fra i • lot seconded,to direct Staff to draft an ordinance in order to . ow gardening as a pe itted use within all residential districts. VOTE: Ayes 4,Nays 0. Bremer mov• s,Rahn seconded,to approve Staff Option No 3 designating the city-owned prope next to th> ire station as a park and to enter into a license agreement with the applicant for one season : a trial basis. VOTE: Ayes 4,Nays 0. 9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL,8:38 P.M.-9:16 P.M. Curtis stated in order to preserve the residential character of neighborhoods and to prevent competition with licensed marina businesses,rental of boat slips on residential docks has been limited in the City of Orono since 1962. Rental of boat slips on residential properties has been prohibited entirely since 1995. Several City Code sections comprise the City's rules for rental of residential boat slips or docks and are scattered throughout the zoning code. These code sections are outlined within a city handout attached to the Planning Commission packet as Exhibit A. The codes and the informational handout are lengthy and difficult to understand. Staff is proposing a zoning code text amendment which will not change the rule but rather state the current rules more clearly and succinctly within a single code section. The Planning Commission at its May meeting reviewed the proposed amendments and voted 6-0 to recommend approval of the amendments and ordinance as drafted. Staff recommends approval of the proposed draft ordinance clarifying the City's regulations regarding rental of boat slips on residential property. Page 16 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2011 7:00 o'clock p.m. (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Bremer stated she does not like the language in the ordinance under Section 4(6),otherwise providing space,but that she understands the intent of that language. Bremer stated there are a number of times that she has taken her boat to different locations and there are also lots of people who use neighbors' docks for going to and from places on the lake. Bremer noted that type of situation is not actually meant to be included in this but would be and that she does have a concern about the phrase "otherwise providing space" because it means no money is exchanging hands. Gaffron stated through the decades the City has had a number of people looking for ways around the ordinance and that is the phrase that gives the City some discretion in terms of the definition of renting. Staff is looking at the impact of boats on the neighborhood and one of the issues is parking and other activity from people who are not part of the neighborhood. The City receives approximately two dozen calls a year from people who know the City does not allow dock rental. In a situation like that the property owner may argue that they are not renting the dock and that it is just a friend,which may not necessarily be the case. Staff would like to make it clear in the code what the specific code section is without having to go to seven different sections. Mattick indicated he understands Council Member Bremer's concern,but that when it comes time to enforcement,the City has a difficult time proving that a rental agreement exists. Staff has found documentation of continued use of a dock by a boat that is not owned or controlled by the resident of the property,which is what the City has previously attempted to regulate. From a drafting standpoint,this has been a tough ordinance to draft and that in a criminal sense the previous language made it unenforceable. Mattick stated they could consider inserting language that says a property owner may not otherwise provide space for X number of days consecutively or other similar language. Gaffron stated from a policy standpoint and perhaps from a Code standpoint,the LMCD generally checks around the lake and if there are four or more boats on one dock,they will check and verify if those boats belong to that property. If the same boat is there a week or ten days later,that would enter the realm of violation. Gaffron stated language of that sort could perhaps be written into the code. Rahn asked if the LMCD allows for non-ownership of boats if they are not over their BSUs. Rahn stated it was his understanding that the LMCD already had specific rules regulating dock use. Gaffron stated the City's ordinance has been stricter than the LMCD regulations for the last 15 years and perhaps longer. The City routinely receives complaints every year regarding dock rental and it is something that the residents expect the City to be enforcing. Gaffron indicated he is not sure whether he would recommend changing the proposed ordinance but that he could follow up and find out what the LMCD is doing and obtain their specific policies. Rahn stated he would like the City's ordinance to mimic the LMCD's and asked why the City would be dealing with this rather than the LMCD. Rahn commented that dock rental has to be a logistical nightmare for Staff to handle. Rahn stated near his neighborhood there are individuals that let other nonlakeshore residents keep boats at their docks and that he is not opposed to that if the property owners are not over their boat count or their BSUs. Since one of the concerns of boat rental is neighborhood parking,Rahn questioned if the City is going to start to regulate people that entertain every Saturday night and their driveway is always full of cars. Rahn stated he would rather not have the City enact rules regarding boats if there is already another governmental agency that deals with dock usage. Page 17 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2011 7:00 o'clock p.m. (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Rahn noted the City's handout states that new seasonal docks require a one-time$30 permit fee,and if the dock is reinstalled in the same location,the fee is waived. Gaffron indicated that language refers to the first time a new seasonal dock is installed. If a dock has been there for the last 50 years,it can continue to go in at the same location without cost unless it is relocated. Gaffron stated that may be a piece of the code that could be changed but that it is part of the City's fee schedule. The fee covers the cost of Staff having to go out and inspect the dock the first time it is installed to ensure it meets LMCD regulations. Rahn stated he has a problem with the dock inspection since the LMCD already covers dock inspections and setback measurements,and the City does not have zoning regulations for setbacks in the Code. Rahn commented he has spoken with the LMCD and they have a difficult time enforcing dock regulations, which is why the LMCD likes it when cities duplicate their efforts. Rahn stated he has spoken with other planners around the lakeshore cities and they have indicated they are not interested in regulating boats and do not want the legal issues associated with boat regulations. Rahn stated in his opinion the ordinance needs some additional work. Gaffron stated it is very rare that someone comes in and requests a license for a new dock at a site that has never had a dock. Printup asked what the typical complaint is. Gaffron stated the typical complaint by the residents is that their neighbor is renting their dock out and that people are coming in at all times of the day causing parking and neighborhood problems. In a situation like that,the City will send an inspector out,take the boat license number,and send a letter to the property owner and the boat owner informing them that it is illegal to be renting a boat slip. In the past the City has taken people to court in this type of situation and has won in court in a couple of cases. The LMCD has also been involved in similar cases. Gaffron reiterated that it is not an unusual thing to receive a dozen or more of that type of call in a year. Rahn asked if the LMCD also regulates dock rental. Gaffron stated Staff can check to see to what level the LMCD regulates dock rental. Curtis stated the LMCD website states that two restricted watercraft may be kept within a dock use area for most lots. Four restricted watercraft may be kept within a dock use area provided all the following conditions are met: There is a single-family structure on the lot,all restricted watercraft kept at the dock or mooring must be owned by and registered to persons who live in the residential structure. It also talks about the length of the shoreline and multiple dock licenses with the LMCD. Rahn suggested Staff speak with the LMCD. Rahn stated the ordinance uses the word rental but that in his opinion the City should have an outlet for a neighbor who is allowing another neighbor,such as an inlander,to keep his boat on his dock. Rahn stated in his opinion that happens rather frequently and that the City should have some way to allow for dock use to happen if the property owner is not over the number of allowable boats per their length of lakeshore. Page 18 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2011 7:00 o'clock p.m. (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Mattick asked Council Member Rahn if there is a difference between allowing the neighbor who doesn't have lakeshore access to dock their boat at their property all season long as opposed to someone who is not over their boat count and sells their dock space on E-Bay for a season. Rahn stated the difference he sees is that it doesn't become a parking issue because the person is typically just walking across the street. Rahn questioned why the City would care if dock rental occurs if the property owner is not over their BSUs. Gaffron noted the LMCD does not check until they get up to the level of four boats and then every one of those needs to be registered to the property owner. Gaffron stated the issue for the LMCD is at what level they can spend time enforcing dock rental. Rahn indicated he was told the LMCD checks when someone is over their allowable boat count and that it would be interesting to know if the LMCD has any type of allowance for having someone's boat there for 30 days or less. Rahn indicated it was his understanding that the LMCD did have some method for allowing a boat at someone's dock that is not licensed to the property owner. Rahn stated he would like to discuss this further at a work session and have Staff check with LMCD and perhaps other lakeshore cities. Rahn stated the question is whether the Council wants Staff to be duplicating what the LMCD already does. Acting Mayor Printup opened the public hearing at 8:56 p.m. Dennis Walsh, 1354 Rest Point Circle,stated this is just another example of government attempting to get into peoples'lives and telling them what to do. Walsh stated LMCD will come out if you complain and that in his view the appropriate measures are already in place. Walsh commented he would like to know how something like this gets on the City Council agenda without discussing it first at a work session. Walsh asked if City Staff is running the City Council meetings or if the City Council is putting its own items on the agenda. Bremer noted this item was before the Planning Commission and came about as a result of public input. Gabriel Jabbour,985 Tonkawa Road, stated in his opinion Orono has lost its soul and is playing a game called potluck supper and they're hoping to hit the right pot. The Council has forgotten who we are and where we are going. Jabbour commented that every single item on the agenda is discussed to death and is then voted on its merit based on how it will fit into the City's overall plan. The Council does not question why people did things a certain way in the'70s or'80s or 2000's. Jabbour stated in 1975 the City adopted ordinances that prohibited lots from having docks that do not have a primary structure. Gaffron indicated that is correct. Jabbour stated in the 1980s,the City took a property owner to court and prevailed from allowing him to have a dock without a primary structure. If the house is torn down,a person cannot have a dock without a principal structure regardless of the cost of the property. Page 19 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2011 7:00 o'clock p.m. (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Jabbour stated he would like to see every single citizen of the United States have access to Lake Minnetonka but at the same time the neighbors should be taken into consideration. The LMCD Code is being reviewed, but you currently can have two boats and they can belong to anyone. Four boats have to be registered to the property owner. Jabbour commented it is virtually impossible for the City's attorney to enforce the code based on who is there. By the time it gets in front of the judge,it is December and next year you start all over. Jabbour reiterated that enforcement of the code is very difficult. Jabbour stated the Council should understand why the City's policies and regulations were enacted in the first place. Moody's gives the City a phenomenal rating based on past Councils who have rejected excessive spending. Jabbour encouraged the council members to talk to people,particularly Ex-Mayor Callahan and Charlie Kelley, on how Orono got here instead of figuring out each issue the night of the City Council meeting. The Council should first determine if the City has the money available for a project, such as exotic species. If the answer is yes,the Council should then weigh the decision based on the individual request. Printupnotedvideotape the needs to be changed. (Recess taken from 9:03 p.m.to 9:09 p.m.) Jabbour commented the City of Orono has been conservative in the past but that we have lost our way. Orono is no longer a leader among the local communities. Jabbour noted in the past over 50 people gathered together at the LaFayette Club to discuss items of interest. When the City of Orono called a meeting,the people knew we were calling for a righteous reason. The City also got awards for public access and including everyone in the community. Jabbour noted that Orono has had 1,500 acres of park land given to the City by its residents,but yet the City cannot open the sliding hill for the kids at the golf course and does not have a problem spending millions of dollars on issues that do not fit into our lifestyles. Jabbour indicated he would like to see this Council united and that he would invite Mr. Walsh to be an agent of uniting instead of divisiveness. He asked Council to work together in order to bring Orono back to the days when it led the Lake Minnetonka area. Orono has a profound role to play in the area. There are 13 other cities around the lake. Orono either encompasses, shares borders or shares bays with other cities like Mound and Wayzata. Orono needs to reclaim their position,give the Orono residents what they deserve,and have a strong,positive impact on the lake. Jabbour noted Orono no longer has a representative on some of the regional agencies and that he would like to see Orono regain their leadership in the community. Jabbour stated the City Council needs to figure out what the City stands for and weigh the applications against those standards. If the City's bond rating is driven down,all city projects will cost more. Jabbour indicated he personally met with representatives of Moody's and that they did not give Orono that rating based on our balances but they gave it to us because we convinced them on our philosophy. When different organizations asked for money,the Council voted the requests down. Those prudent decisions helped Orono obtain their AAA rating. Jabbour requested the Council think twice about their projects and recommended that they revisit their assessment policy. Page 20 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 23,2011 7:00 o'clock p.m. (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) Acting Mayor Printup closed the public hearing at 9:15 p.m. Rahn stated from 2000 to 2006,the City had numerous variance applications dealing with docks and that he cannot remember one application that was denied. Bremer stated on Casco Point the City did require the removal of a dock if there was no principal structure. Rahn commented the first thing a person wants to do is put in a dock if they own lakeshore. Bremer stated to her recollection they have required docks to be removed a number of times. Rahn stated listed right on the zoning application is language that states during the time the house is razed,there cannot be a dock. Gaffron stated to his knowledge the City has a standard in place that incorporates some time frames in it or an agreement with the property owner to deal with that type of situation. Curtis indicated it is a right of entry agreement. Gaffron stated if the house is not built within a period of time,the dock can no longer be there. Rahn stated he personally does not see a problem with having a dock without a primary residence. Franchot stated it is clear that the Council has not reached any type of conclusion on this issue and that he would suggest the item be discussed further at a work session. Franchot stated the City could attempt to solve parking issues on land,which is currently an issue,by limiting boats on a dock,but that this issue needs to be discussed further. Franchot moved,Rahn seconded,to table Application No. 11-3503,City of Orono,Zoning Text Amendment Lakeshore Residential Zoning Districts: Dock Rental. VOTE: Ayes 4,Nays 0. #11-3505 PUBLIC HEARING-THOMAS AND MARTHA McCUNE, 1473 BAY RI) ! I ROA I ARIANCES,9:17 P.M.-9:21 P.M.—RESOLUTION NO. 6050 Curtis stated the a.: 'cants are requesting side yard setback variances in order t. •air an ice dam issue with the existing roof. •- applicant would like to reconstruct the roof ov- e older portion of the home with a slightly steeper pitch. e resulting increase in height would an additional 2' 11"from the existing roof. The existing home .,-s not meet the 30-foot s'•- setbacks as required for principal structures within the LR-1A zoning dis • t. A 16.7 foo --tback exists on the south side of the home and a 14-foot setback exists on the north side o - h•- e where 30 feet is required. Planning Staff recommends approv. . the side setbac' .riances in order to reconstruct the roof as proposed. Acting Mayor P •- p opened the public hearing at 9:18 p.m. Page 21 of 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2011 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Loren Schoenzeit, Commissioners Denise Leskinen,John Thiesse,Hue Alexander,Jon Schwingler, and Elizabeth Levang. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike Gaffron,Planning Coordinator Melanie Curtis,and Recorder Jackie Young. City Council Member David Rahn was present. Chair Loren Schoenzeit called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Schwingler moved, Leskinen seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 6,Nays 0. *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 21, 2011 Schwingler moved,Leskinen seconded,to approve the minutes of the Orono Planning Commission meeting of March 21,2011,as submitted. VOTE: Ayes 6,Nays 0. NEW BUSINESS 2. 11-3503 CITY OF ORONO,ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: RESIDENTIAL DOCK RENTAL,6:32 P.M.—6:37 P.M. Curtis stated in order to preserve the residential character of neighborhoods and prevent competition with licensed marina businesses;rental of boat slips on residential docks has been limited in the City of Orono since 1962. Rental of boat slips on residential properties has been prohibited entirely since 1995. The City Code sections when taken together comprise the City's rules for rental of residential boat slips or docks are many and are scattered throughout the zoning code. These code sections are outlined within a City handout. This informational handout with the lengthy title"Orono Municipal Code Excerpts Regarding Prohibition of Boat Slip Rental in Residential Zones"is also lengthy in content. Staff is proposing a zoning code text amendment which will not change the rule but rather state the current rules more clearly and succinctly within a single code section. The Planning Staff recommends approval of the proposed draft ordinance clarifying the City's regulations regarding rental of boat slips on residential property. The draft ordinance should be moved forward to the City Council's May 23`d agenda for review. Chair Schoenzeit opened the public hearing at 6:33 p.m. There were no public comments regarding this item. Chair Schoenzeit closed the public hearing at 6:33 p.m. Page 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2011 6:30 o'clock p.m. Schwingler commented he likes the idea of making the ordinance clearer and more succinct. Schwingler asked if there was much discussion in 1995 regarding zero tolerance for renting out residential dock slips. Gaffron stated it had been an item that had been discussed before that as something the City should look at revising in the future. The issue at that time was that there had been marina owners that were unhappy with the fact that people could rent slips from residential properties. At the time the City was in the process of redoing the marina licensing for the B2 district and residential boat slips was not a huge issue. The marina owners were supportive of the idea that there would be fewer rentals of private slips. Through the years there have been a number of neighborhoods that have been worse than others in terms of renting out slips and the City would receive periodic phone calls complaining of different issues. This test amendment,however,has been fairly well supported through the years. Schoenzeit asked if there is a limit on the number of boat slips for a residential property. Curtis indicated it is based on what the LMCD allows for each property based on their shoreline. Schoenzeit asked if the limit typically has been five boat slips. Gaffron stated it typically has been no more than four,and if there are more than two boat slips on a residential property,the LMCD verifies typically once a year that all of the boats are registered to the property owner. Through the years the language has been changed slightly. Levang stated the text amendment seems pretty straight forward and that she does not have any issue with the intent or the language of the ordinance. Levang moved,Alexander seconded,to recommend approval of Application#11-3503,City of Orono,Zoning Text Amendment Residential Zoning Districts: Residential Dock Rental,an Ordinance Amending Chapter 78 Regarding Private Docks in Districts LR-1A,LR-1B,LR-1C,and LR-1C-1. VOTE: Ayes 6,Nays 0. 3. 11-3504 CITY OF ORONO,ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDENS AS A PERMITTED USE,6:37 P.M.-8:09 P.M. Curtis stated gardening and other horticultural uses are currently allowed in Orono as accessory uses within residential zoning districts. A permitted principal use must be present on the property prior to the accessory use being allowed. This means a house must exist on the property before a dock,a shed,or even a garden may be allowed. Crop farms are currently allowed and require a minimum of ten acres of land. Orono's Zoning Code defines crop farms as"a parcel of land comprising an area of ten or more acres that are used for the growing of plants,trees,or shrubs with or without profit." In the rural residential districts,crop farms are allowed as a permitted or principal use; and within the lakeshore residential districts,crop farms are allowed as a conditional use. The City was recently approached by individuals interested in creating a community garden in Orono. The community garden would be run by volunteers. They propose to utilize vacant property to plant and maintain a garden for the purpose of donating the harvest to a local food bank and/or charity. Page 2 The following is a Synopsis of the LMCD dock and boat storage rules for residential properties. For a full copy of the rules please see Chapter 2 of the LMCD Code or call the LMCD office. Dock Use Area No person shall use any area of the lake outside an authorized "dock use area (DUA)", for docks, moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless specifically permitted. DUA Length (measured from the 929.4 NGVD) The length of a dock use area is equal to the property shoreline frontage width, with a maximum of 100 foot dock length. Sites in existence on February 5, 1970 with a lake frontage of 40-60 feet may have a dock extending up to 60 feet into the lake. Sites in existence on February 5, 1970 with lake frontage of 40 feet or less may extend to reach a water depth of 4 feet (not to extend beyond 60 feet). DUA Width portion within setbacks measured from extended side property lines into the lake. For that portion of the length or authorized dock use area which extends from the shore: 0 - 50 feet 10 foot setback 50 - 100 feet 15 foot setback Canopies require a 20-foot setback from the extended property line • Side opening slip (Boat parked parallel to shore) setback shall be at least equal to the slip depth (not less than20 feet). • Lots with 50 feet or less of shoreline in existence on February 2, 1970, qualify for a 5 foot setback, providing it in no way impairs access to neighboring docks. Dock Structure ❖ May exceed 8 feet, excluding posts, in either is length or width, but not both. • Permanent docks require a permit from the LMCD. Page 1 of 3 Example of Dock Use Area Extended ExtendeC , -- Property Property ---� i tine Line ai Authorized Dock Use Area 'DUA) Water 7 Shoreline(9229.4'NUVU) -o Land o 0 0 0 7 5 5 c 0 Page 2 of 3 Watercraft Density Restrictions No person shall use any area of the lake outside of an authorized dock use area for docks, moorings, watercraft, storage, swimmingfloats, ski jumpstorage, or divingtowers unless 99 g specifically permitted. Restricted Watercraft Definition - any boat or vessel for use on or stored on the public waters of the Lake, except for unrestricted watercraft as defined below. Number of Restricted Watercraft Allowed: • 2 restricted watercraft may be moored or docked within a dock use area for most lots. • 4 restricted watercraft may be moored or docked within a dock use area provided all the following conditions are met: single family residential structure on the lot All restricted watercraft moored or docked at any dock or mooring facility must be owned by and registered to persons who live in the residential structure. • 5 or more may be docked or moored provided there is 50' of shoreline at the lot for each restricted watercraft. A lot with 5 or more restricted watercraft must have a multiple dock license with the LMCD. Unrestricted Watercraft Definition - any boat or vessel for use on, or stored on the public waters of the lake which is: 16 feet or less in length and non-motorized; or 16 feet or less in length and which uses a motor of 10 horsepower or less; or 20 feet or less in length, non-motorized, and which is propelled solely by human power. 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