HomeMy WebLinkAbout08-14-2023 Council Work Session PacketCouncil Work Session
Monday, August 14, 2023
5:00 P.M.
Orono Council Chambers,
2780 Kelley Parkway, Orono, MN 55356
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WORK SESSION
AGENDA
1. Average Lakeshore Setbacks Discussion
Prepared By: LLO Reviewed By: Approved By:
CITY OF ORONO MEMORANDUM
DATE: August 14, 2023
TO: City Council Members
FROM: Laura Oakden
RE: Average Lakeshore Setback Discussion
1. Purpose Review the current Average Lakeshore Setback (ALS) regulations.
Background. The Council directed staff to bring the average lakeshore setback regulations to a
work session to explore if any amendments to the City Code are necessary. The ALS is a setback
applied to protect neighboring views of the lake across property lines. The city implements a 75’
lakeshore setback that is measured as a set distance from the Ordinary High Water Line
(OHWL). Both with 75’ lakeshore and the ALS apply to lakeshore properties. The more
restrictive setback is applied to a subject parcel.
City Code Section 78-1279 (6) Average lakeshore setback. No principal or accessory building
shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from
the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and
other accessory structures less than 42 inches above existing grade, and/or stairways, lifts,
landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall
apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback
line shall be a straight line connecting the most lakeward protrusions of the principal buildings
on the immediately adjacent lakeshore lots.
a) In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-
way, the average lake shore setback shall be equivalent to the setback of the most
lakeward protrusion of the principal building on the immediately adjacent improved
lakeshore lot.
b) In situations where the average lake shore setback line bisects the principal building
located on either adjacent lot, the next most adjacent lake side point of the bisected
principal building shall be used for determining the average lakeshore setback. If the line
continues to bisect the principal building, the next most lakeside point is to be used until
the setback line does not bisect the principal building on an adjacent lot.
Figure 1: ALS as applied to Lot B
Intent: The purpose for the regulation is to protect neighboring views of the lake across property
lines.
Challenges: The setback is unique to each property and each specific building at time of
development. A curved lakeshore, an extreme neighbor setback, or a parcel that abuts a channel
create a variety of challenges for implementing the ALS.
In theory when the lakeshore is straight and when properties are uniform in size, the ALS
achieves the goal of protecting views of the lake from neighboring homes. The City often grants
variances for ALS when requested as long at the proposed project does not negatively impact the
neighbor’s views.
Staff will provide examples of the setback throughout the city, research from neighboring cities
and go over some items to consider for implementing the ALS.
COUNCIL ACTON REQUESTED:
Council should review the provided information and discuss the goal and intent of the ordinance.
Provide guidance pertaining to the ALS regulation