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HomeMy WebLinkAbout05-31-1994 Planning Packet Zoning AmendmentTO:Planning Commission Members FROM: Michael P. Galfron. Assi. Planning & Zomng Admimstrator DATE:May 31, 1994 SUBJECT: Section 10.41. B-2 Lakeshore Business District - Proposed Amendment List of Exhibits A - Proposed Amendment ^ ^ , \ B - 1993-1994 Documentation Packet Background The Cicy of Orono besan l.censing marinas in 1962. The B-2 Lakeshore Commercial Districi was creLd in Januar^ 1963, and standards and requirements for the district were adopted. A number of revisions to the licensing and B-2 District code sections occuired from 1969 to 1974. .;r4 code language currently in effect was adopted as part of the 19/5 zomng code revisions. Bv 1985 the Citv realized that cenain standards and requirements ot the B-2 District were not reasonably enforceable for e.xisting marinas. Use of licensing as a tool to force compliance with the zonino standards was found to be ineffective because, while the City refused to grant licenses to cenain mannas, it did not take steps to stop them from continuing to operate. The Citv then attempted to redesignate marinas as a conditional use rather than a permitted use in the B-2 District. This met with great resistance from the mannas. Alter two years ot discussion followed by a three year drought in which lake levels dropped dramatically and marina activity was highly reduced, the City Council appomted a Lake Use Committee in 1991 for review of lake use issues. Their first task was review of DNR’s shoreland requirements and B-2 District discussions were suspended. During 1992 the Lake Use Committee inet regularly to discuss marina licensing and the B-2 Zoning District. These discussions led to City Counci adopting a new license code in early 1993. and the B-2 Zoning Districi review was reterred to Planning Commission for their consideration. Review Process The attached proposed amendment to the B-2 Lakeshore Business District standards (E.xhibii A) represents the culmination of a nine month effort by the Orono Planning Commission to revie and update the B-2 Ordinance. After preliminary discussions including joint meetings with me City Council in 1993. the Planning Commission held a series of work sessions during January through April 1994, to which the public was invited. All property owners in and within J of the B-2 Zoning Districi were mailed individual notices of the work sessions. Eleven rnemoers of the public attended and offered comments at one or more work sessions, and five of Orono Memo - Section 10.41 May 31. 1994 Page 2 nt one or more meetings, and were given ample seven marina operations were represented at one or m - opportunity to provide input. Exhibit B ,s a compilation of aU -ff-tos aM « over the last eighteen months. Inciuded are eop.es of the mailing list used. on the B-2 mailing list. Proposed Revisions Following is a brief review of each of the proposed revisions: • Subdivision 1 . Tnmmerciar District is proposed for eonstste^r. Ihf brenrnd^ed b. minor word.g revisions. Subdivision : Ore license provisions. A defimiion of of Municipal Code Chapter 5.43 • "“m1;"uiemen. that each marina business wiAin the B-2 ^ore Busmess District obtain an a Jal license again is consistent with the provisions of Chapter 5.4a. • Subdivision 4 hniiHino nermit aoDlications in the B-2 DistrictThe current code language requires M buildin. permit app ‘co —Istdi afmStmin?^ of a Uke Use Committee. * '“"ction reorganizes the "permitted uses" wi-hin the B-2 District. "Storage of boats « btt':np\""'i” rsT^^ne^use. While B the primary activity of six of 0™“^* ^ onhrPtorComTO"ssU ‘’tbh that slip rental to be a non-cornoming u ; ^ '^mcD ordinances and Orono restnetions on ^ ----use.to become a permitted use. r Memo - Section 10.41 Mav 31. 1994 Page 3 • Subdivision 6 - iccessorv u^es". ITte B-2 Zone is the onlyThis section adds a long list of allo'^able acc , commercial or residential zone in 0™° >hal i. Tlte Planntng Contnt.ss.on mv.e«d ^ ^ ^ musi besubs^ro a^rm^ concerns was dta, reasonable on the property. One ot r Orono ’s zoning code, uses not listed are not accessory uses be allowed, w:h.ch are relatively specrfic in "l. r r^trllra t^cSewel o^ dtose uses which should be c^rndM rather than accessory. . Sub^vision 7 „„dj„onal uses, includmg boat clubs, on-demand launching This section a lake/lakc structure maintenance base, and ‘rwmoVilr«l«/trvfcr'pi^ Commission found that each of these uses may be a Lgitimate and reasonable activity at a ^'^-i^Ihr^l'lSe^conSraTi^s ^'^Z-d^'b^aH^w^d oT'^r ma^ .ha. are in compliance vn.h .he landscaping ““ “ZZbZTeTcoentzed as an alternative to individual boat ownership, tha. would .*xnand the usage ot a'’given boat with potential for increasing the percentage ot boats in use at the peak“times. A limit on the percentage of boats at a given marina a owe or hnat club use was considered but not recommended. On deZ^aunchine of customer owned boars stored on the busrness sire «qu«s nor onlv customer parking but boat/trailer storage space. It is perhaps ^mcd ZcD will require licensing of non-rack storage space for such use. although LMCD dZur^^tn IV Zse rack spaces for on-demand launching. Again, absent an ,mem by me City to ftirther regulate numbers of boats on the lake, site congestion and provtston . “piptZstZbtfaMLZnfv'rZ has htstoricai.y been addressed in .be B-2 mrkine reuuirements (Subd. 8) but was never listed as a permitted or condmon • Zqule parking if the main concern, and Planning Commission suggests that Cou . o;a ‘:,“Z ctartZLTprZ. reues on adequate par.^ pnmarUy. but n.y allowZe Z"o'pl™rapprZato cZfoZn this use to protect the basHiaV be a ’necessary evil", providing a location for the less lake maintenance activities to occur. The wordmg a ows operations at Council ’s discretion. „cp was the subject of . Allowing snowmobile sales and service as a conditiona “'L marina operators, considerable discussion by the Planmng Commission and some marina op J Memo - Section 10.41 May 31. 1994 Page 4 Plannin. Commission concluded that the mere sale and service of snowmobiles may be a r^oMble winter use for the marinas with the strong feeling ihat snowmobile rental Ll using marinas as a base of operation for snowmobiling is not appropriate. Questions were raiid as to the need for demonstrating and testing snowmobiles as part of a sales md serlke activitv. Plannmg Commission concluded that negative aspects ot such “tivitv can be reflated under existing codes regulating hours ot operation noise^, etc. Sales ^3 2 beer 'and cigarettes have been eliminated from the list ot allowed conditional uses. Sale of prepackaged food becomes an accessory' use. TSng Commission recommends that parking areas "need not be paved" but must have storm wate^ontSsT required by the goning code. The existing parking standards were fou.^ to be generallv adequate if adhered to. A requirement for one parking space for each thr« seats of aross seats of charter capacity is added to provide a standard tor that conditional use. Item 8(F) redefines the winter, summer and transition seasons, and requires of adequate parking during the transition seasons. This revision is intended to provide the mannas some degree of ne.xibiliiy in the spring and fall busy times. Item 8(H)^ requires employee parking be designated m addition to required parking. Employ^porng o?fsi.c and employ^ trespassing on private propeny have been a concern at at least one marina site. This section adds clarification that storage of boats, vehicles, equipment and materials is not allowed in any required vard. Most of the marinas have existing pavement encroachi g on one or more of their required vards. Enforcement of this section may have a serious impact on some marinas, and a plan for enforcement needs to be developed tor those properties whi have not been formally approved for "required yard variances. SubdmsiOT adds a requiremem for a physical barrier lo encroach rmqu« *at groundcover be natural living mauer. not more than 10% in rock beds. The City’s intent in requiring "landscaping" is to provide green space, not rock beds. ^^tem Tomits reference to septic systems since all of the B.2 district is now seweretl The Planning Commission also strongly recommended that language to require no y head pumpout facilities but a designated port-a-potty dump station be added. Item D recognizes the need for noise limitation, which is regulated in the zoning c ap - Item G is revised to require that dumpsters be screened. I r Memo • Section 10.41 Mav 31. 19^4 Page 5 Itfn. H is a notation that styrofoam dock flotation has been prohibited. Item I separates gasoline stotak- Jan^ge ™"and boat denstty. Item K IS intended to set reasi maintaining approptiate by requiring <<'v«lopme^t a st pbnjm t«a ingress egress J '• ^ manna operator will deal with an envelope ImhJr tta" 1 s'r^eiKumber of'allowed boats, since regulating boats by number rather than location has generally not been effective in the past. • Subdivisi.*! 12 he.;ohr ’nt width and vard requirements, since There are no ' nofreduce the standards for existing marinas. After much Planning Commission chose to no . variance method for marina upgrades has ^;ad«."reihe^r ^ Standards. ^““hifsTct'on merely adds refetcnces to the Shoreland Management code requirements . Sub^vision 14 ^ any application regulations to those codes with which changes in grade must be m compliance. w* • Subdivision 15 t i- \ \fr*n Ordiniinces rc^^rding regulation ofThis section updates the reference to Ordman^^^^^ slI^'rTJded" 'by LNICD c'odr'piarming Commission no^d that without reference to LMCD’s code, the City would have no ordinance regulating winter screemng which was not m the code pre ‘o . • • mannas is eliniinaied. 1 1994. Also, the bonding requirement tor landscaping plans I Memo - Section 10.41 Mav 31. 1994 Page 6 4 mixrH «;uccess with landscaping upgrades by marinas using this The City experienced recognizes that marinas have had little incentive code section in the past Planmng Com incentives should be given further cases. • Subdivision 18 LMCD codes have been amended many times As noted in the Subdivision 15 _ ^ l^ls section is intended to since the 1970 and 1971 ordinances reterred to the b - ^ update the reference to the LMCD codes. • Subdivision 19 references to the B-1 ihroueh B-5 zoning districts, and replacesTh:. rc^er; ”0^" e B-2 district, .htch Is the only commcrctal zone dealing with marinas. Staff Recommendation proposed amendment. I ch r SECTION 10.41 (DR..\m - SODURV OF SUBDIVISION HE.UMNGS Subd. 1 Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 Subd. S Subd. 9 Subd. 10 Subd. 11 Subd. 12 Subd. 13 Subd. 1*^ Subd. 15 Subd. 16 Subd. 17 Subd. IS Subd. 19 purpose. Definitions. License Required. Application, permined Uses. Accessory Uses. Conditional Uses. Parking Requirements. Yards. Landscaping .Areas. Additional Performance Standards. _ Area. Heieht. Lot Wicdi and Yard Requirem.ents. Seiback. Hardcover ar.Q Tree Removal Regulations. Drainage. Non-Conforming Use. Variances. Variances for Required Landscaping .Areas. Reg ’jlation of Structures Withm the Lake. Reference to Other OrcuUiiCe. in I li Proposed Amendment to Municipal Code SEC. 10.41. B-2 LAKESIIORE BUSLVESS DISTRICT. o I The Lakeshore Business Gef?ifflefc42l District was y . where limited conunercial businesses could be located to service originally intended to provide areas j^^j^g^enka. However, mrny of the operators of the boats used for recreational purposes o" U • vegetation from the shorelands and have lakeshore commercial businesses have stripped Districts adversely expanded the operations so that now the B-2 The purpose of this affect the lake water quality ^^d^he real estate values businesses in a mar^ that Chapter is to provideChapter is ,0 prov,dc „ au iJ p3l l,.innn .t^ke require panial rcotofa tion eh-th^. -I'lnriii nro-'enies which have previously suffered from ,nsu« pro^cuon « and c^^ancMih^gyaljc^ the unregulated expansion ot commercial acti i .------v the lake shnreland environme nj. <tiiM ?■ Definitions,^ , -vt.rinn Busin.<s- means engagi ng in one Qfjior '- of the permiited, ... .nnHi,iona l us« <•....< •, I Rfnuired. Fnch manna busin.-ss wiihin ihc 'B-r Lakeshaie Municipal Code^ a. subd d. Application. All applications for a building permit iM^ ,H -n LaketS^G^^ Bmincss District shall bo reviewed by the Counc.l and may^ g^erred^o"L Pb,:^nt^issioin57^^ anpoi p.ed l ake Use Co» tor revtew. Subd^ .Subd, 5. Permitted Uses. WiAin the "B-2- Lakeshore Business District, no land or stroetdre shall be used except for one or mote of the following uses: A. Repairs. Repair and sets icing of Rental pfjn.-wa.n-r boat slipi. B. Storage. Winter storage of boa tsr Sales of boats, motors, trailers and m.irine accessories,, C SalOi], gtih —Sale and rental of boata. motors, tishing equipment and jQIo efqiucl. boats^horit mpplies. bait and marine item^ Repair..and. servicing ot bo ^ n On-lap., storage of boats, 'annfpr .and summer F Marine fuel salei^ F Bait and fishing tackle sales^ s„M ft Accc<^^r^.■ Hsg<;. Wilhia jnv 'BQ- UKeshpri; Purines? Di?lricLJ !)e following uses shall be rgrminefi accessory uscs^ A Sign«^ -^jgns as regulated in this charter, F Boat head pumpout/ samt^ r Fishing; toumaments^ n S.ile of foods or food from vending machines. Prepacka^gd food includes onlv food ■■ hi^h h,< Ivon professionally prepared al . 3 loca .iion oAer than on ihs ,nd does not include ■fi.ll-course meal s' or anv food preparation tiilieMhan wami.ng ..te ,,<o of m infra-red or mi^o-wave oven. Sal e of food from vending machine? is allqwe ^ F. Dive shops. F riiihhouse (as5Pmhlv/1ounge/k-itchenene area for use bv slip rental or "boat club" customers onlvL Cf 1 .essons;teac bim> t'^ailing schools, etc.). H. Rental of boats. I. One caretaker dwelling unit. r .'^nilhoard sales/rental. K. Ice boating sales/rental/5er\-ice and operations base, I Ice fishing tackle sales. \t Cross-counirv ski sales/rental/service. Subd.-4-r Subd. 7, Conditional Uses, No conditional use permit shal l be granted iml.»<;.s the property is found to be in compliance with the landscaring a nd screenin<^ requiremen^ .-.f fhis Section. Within any ’B-2’’ Lakeshore Business District, no structure or land shall be used for the following uses except by conditional use permit: A. Sale of cigare ttesr Boat Clubs (rime share). Applicant shall demonstrate that adequate parkin^ is available on the site. I imM ^ r “ »rprove.uch ,Ms. if approved bv LMCP when parking is in^dcc^uj c S4te^rf^fe?a€te«d4eed^f-w«f^^ , I I 1 I VT^I fr-irn-'l.......r”'”'' '" ilw»-t>B-the foed-u a-luileii uJj .ooJ '')^ f'1“:! premier an6d..,.. i... mclude Public or micro for or bv cu ;.cmsrs. ^gl^loLuLhane^^ StSSSSirSSiSSSS^isiH^^ ^.Td^ons-r:ife to Councii u-i.it aii such cc:ndmonsJ£g-lIl^ p T iVe/I ake <?rn.rn.r<> Maintenance.OEcrntions Base. CinclulesjHUJlot ro dredaino. u^^Icmting._zeb^^^ w <P.wnll con^mictioni. CouncaJ^^^ImJhc oceratiQn^aMtLdiscienmL F ^nnvvmnhile sales and se_i^-ice. Snowmobile rentals..shaiLng.t be allov v ^ ..■■■ ...______rT^r ~n for sno ^obmn r shall no. be allolillA^nUhaU tH.»m..nsrrate that adequate parkini? is available on the Hlg. Subd.-^ Subd. 8. Parking Requirements. Within the "B-l" Lakeshore District the parking facilities shall be snmeient to eliminate any ttallic J cri-in likelv to be caused bv the business conducted. The parking areas H«y —_ Fm sh?” provided with aorropnate stormwater runoff .guahiy/quantity' con iro s as majj n,is laniiT The minimum parking teqmremenu shall be as tollows: A. SLx parking spaces shall be provided for each ten boat slips on water or on land. B. At least eight off-street parking spaces, plus one SOO square feet of Boor area over 1,000 feet, including warehousing, and all outsid storage areas related to the sales and service functions. C. If the proposed use is to include the launching ^rium trailer public for the day from trailers (i.e. Public Boar launching, Transit, ten addition parking spaces shall be provided tor each ramp D If use is to indud^a charter boat ^^onslS^\LsmAmiQM r-T—-----______,u.r^^r />ir.irifv shall be orovided, or a plan for otf-sitemrk'ino snnce for each 5 seats nt gross cn3nerj._ap.aeiii_..ai_------------- parking and shuttle ser\MCf» ^hnll be provided_tCLtne ------------------i-i------- E The required paridng spaces may not be separated by a public roadway . ■ — _ cnar- floor Space, or ramp thev are designed to serve,from the dock, a storage space, moormg spacw. nocr y . Er F Required off-srreet parking space may not be utilized for open storage of goods or for the storagrof boats, except that teun October I to during the winter^ojg^ seaLn each vear the required olf-street parkmg may be used for winter storage of boats provided ff^rof .'he required oarkmg spaces remain as a func.tonal parkmg area. Dumjgjhejr^UM ijn. ,Apnl 15 ,o Mav 51 -.nH gen,ember 16 to Vo'ember 151. adequate parking shall^^ m.„m.lined on .he 7n7^,.fictem to eliminaj e tnffi.- or parking congestion., but in no case sha jl parking be reduced to less than 20*^ of the.rgquired >pace i^ ¥- a Parking may not be allowed in any required yard or landscaping area. H parking spaces shall be in ad dition to the parking _sp.g cgs required above The number nf emolovee parkinO T^icgs shall be designated on a n_o£0 ciaicaikm^ pl.an to be kept on file with the City^ Subd ^ SL Yards. The minimum reauired yard areas for ihe district shall be !:S7n. required vard. Subd. lOL Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: The minimum land.^caping areas shall be as follows: 1. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to 10% of the average oc depth, but in no case shall it be less than 10 feet nor more than 75 feet. Breaks in the landscaping, area for access to the lake shall not exceed an aggregate width of 30 feet for each marma operatic 2. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard 'andscaping area and sha not be less than 10 feet deep. iiU uU (A\ [f U r- TiT -yy 3. From yard landscaping area shall be an area ihat is parallel to the street or opposite the lakeshore landscaping area and shall not be less than lO teet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet ^^or each marina operation. B. The detailed landscape plan for eacli landscaping area shall provide for a natural woods area containing primarily evergreen ■’nd deciduous trees not less than sLx feet in height. Shrubs not less than two feet in height shai- v interdispersed arnong the trees so as to eventually provide, at maturity, a natural screen that w .. not be less than opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privacy fence mav be required in addition to the natural landscaping which has been planted to meet the requirements'of this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screemng. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy gro'ving condition. C. All the required impiovements in the landscaping will be completed prior to the date of issuance of an occupancy cenificate or as otherwise provided by this Chapter, whichever date occurs first. D. All landscape area.s shall be sufficiently delineated bv berming, curbing^ or ^}ther acceptable physical banier so as to eliminate the encroachment of vehicle parking, winter ■and summer boat stor acc. and other materials or eauirment storage into the required landscape areas. E. All groundcover in the required landscaping areas shall be natural living m.ateriak. such as grass or other planted groundcover Decorative rockbeds and the like, whether or not lined with plastic, fabric or other weed inhibitors, shall constitute no. more than 10*^ oTthg required landscape areas. Subd. St iXi .Additional Performance Standards. Within the ”B-2" Lakeshore Business District any land use must meet the following performance standards: A. Suitable sanitary facilities connected to public sanitary sewer er to a privat e on site'sewage dispo sal system which compli es wkh-aH-ttpfilicable City Code pro visions an^ ether agency regulation s shall be provided on the premises for men and women, and further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the m.inna. including head pumpout facilities and a designated porta-DOtrv dump station^ B. Insofar as practicable, all means of access to the operation trom anv street shall be so located and designed as to avoid the routing of vehicles from the property over streem that primarily serv'e abutting residential areas. .All access roads from the operation to any public paved roadway shall be paved for a distance of at least thirty feet adjacent to the public roadway r !iL« ‘•rom Ihc operanon lo any unpaved public du. and no.sc co — ^ ^ ' roadway shall he treated to tnintmtae roadway is dust controlled, ^ C. The iU lighting SHJg^^^ra the roadway...... “ sss srrr s ,.,„ - »»»—f — '• ’“““use of the boats stored on the prem ,• w,*n the docks sea walls, and premises F. Persons r'P-' in a neat and orderly manner and tree . debris of all kinds. rhmwine of garbage, G. persons in charge shall o, rnoormg a^ea shaU besci^nedjojiJM^i---^------- . i (he waters H. No commercial docks or ,ng of such craft as ;nr5:r't^c:;S^ such commercial docks and ^ likely to 1 If outside ondand boat snail be stored in such manner thar OncM ;orpose of "Ta^^ing orderly manner. Lil lU L^d Lf Hnnoer to the conim uniQL V On-land boa LdensiQLaiiu —• ^£2SSSSSSS=£s»35 s& l\^ ^KAk I *>» * * ^ " — ■ —--------- parking spaces^|t 1V ci w v»- J» ^ - SSSrSiSSSSS^ Subd li. Area, Height. Lot Width and Yard Requirements. A. Height. NO structure or buUdmg shall exceed 2-1/2 stories or thirty feet in height. B. The following minimum requirements shall be observed: 1. Lot Area - 2 acres. 2. Lot Width Parallel to Lake - ^00 fett. 3. Lot Width Perpendicular to Lakeshore 4. Lakeshore Yard - 75 feet. 5. Side Yard - 10 feet. 6. Front Yard .Along Street - :>0 feet. 200 feet. <>nfi Tree Removal Regulations. A.I1 properTV -in Subd. le. li Setback. Hardcover „,u„n,'cinal Zonin &gadsJgUaa •-------------------- - . I - - 1 - i*- shall be 75 feet. Hd^v.twwt*v« »»»_—----- *. UkM s.,M,K «.,.i.i.«. -n.»"“» “ •" I f r LU ird 1 r-ic->v o u , D^ci-t-nrial N’o operation or activuies except for storage ana B, Stiback to Res of an adjoining progeny line which parking may be conducted closer than 50 tec, to tne properev' is used for residential purposes. X. o W vir^na <;treeis No operation or activities except for storage and C. Setback / g ri*?ht-of-wav of anv existing street, road or parking may be conducted closer than 50 leet to th. ri,nt highway. . . u u.rH^nvfr Reculations. Within 75 feet of the shoreline there shall be no cxcavating.'filling, hardcover, ' WUto'250 tbeim''Se' of the shoreline there shall be no f ^ Within 500 to l.OOO feet of the shoreline shoreline there shall be no greater than .^0 o hardcover. there shall be no greater than 35 "I hardcover. :-anci=iiSB===SS2 of Municipal Zoning Code Section 10 -b.i c hH u- U Drainage No land shall be developed and no use shall be pemutted chat results in water runotf V ,nv riL a new -.f. k ;>pplied for. Aeihei drainage plans shall be buomitted b\ th ^ pp^ huildin<r permit. Such plans_shaJJLbe feiich^urdivision, ‘be reviewed by the City m such Cotnnr ' >n and Counc.l for approval. Such aonffiyaSSI En2ineer betore submission to the Planmn^c pondina area, stonn runoff may be rcqu.red to be propetly chatmeled ,n o a natumljvater^co^^^ p_^^ drain or other public tacilities. onsttuc i a.ade affecting water runoff whether onto onrmwater ninoff mav be requtred,. .Any c a => ' Surface Water Management Plan, ai^roperry or othenvtse, be m jfe fm e ^ ^ :"enc«rhav.ng iunsdtetion over the area affeceJ by the dratnage. Chapter. L uc^-fe-itAv- -'U iAi IT II r-:c.fV ' auihorii-ca hv ordirunces of tb= Ukc Minnewnka Con5e^^ation District shall tlrsi J«rease an equivalent number of boat slips or boat buoys and diminaic an e^valent length ol d^k Ircm that portion of his dock that is non-confotmiiig under the terms of ©riinanc. Chapier.U ot the Like Minnetonka Conservauon District ^e.ofOrdinances until the dock confotms m length to the Lake Miimetonka Conservation Disinct's Ordinances. Subd. V}. Variances. Vanances may be granted to the provisioa*^ of this Chapter in accordance with the provisions set fonh in Section lO.OS. Subd I4r 17 Variances For Required Landscaping Areas. The Council may grant a vanance allowing a foiTyear installation and plantmg period to meet the requitements of the landscaping and planting provisions hereot to any applicant who. A. 0 :l-.er.vi:c rccr-i nmyinionr i of thi-3 ChtHHefr Br .A. Submits a detailed landscape plan showing sutticient planting and landscaping in each of the ^r vears in order to provide at the end of the four years a natural screen lhat wiU not be less than 50f. opaque during the summer months a nd not less than -? opaque iif winter. Gr B Submits four vear planting and landscaping plan which shall provide that in each vear of the plan, at least 25 “5 of the necessary landscaping and planting (as hv the Council as of April 15. Id~> Ocioher 1. 199^) be plannedmbended and completed tor each lutd landscaping al^cordmg lo ihe o.her provisions of this Chapter. The Council may vary this requirement in order to allow a higher percentage ot the landscaping and P>antm^ m any required landscaping area and credit the applicant for the landscaping and planting which other%vise would be required in other landscaping areas. Subd 18 Regulations Relatin -! io Location. Con iKniction: Inatallatton and Malmcnanca of ITocks. Boat Mo o ring Amas and Other Fixed or Floating Sirucrurcs and ■| rt— R-eui.iiion of Structures Within the Lake. Adoption by Reference. The City hereby adopts b^rence and makes a pan of this Chapter as if ^llv set font, herein, the blowing: _ iCg»^f-tlie Lake Minncton l:i Ci>f^ir-fvation Distfict a s adopt ed on January -8. 19f0. .^m^ndmem - I nrilimnrf ^-i ^niDii rm \Tiv-:7. 19~Q b^' the Lain? Minnt^tonlca Conservation :^,^idTii; ■ : 1 Idcptcd m.sprii w;i. l, -lu 1."T; Chanier 11 of the LmSI Co^e ^ :odifM.MLMay.2iag^ril^ gprfion-s 2.001 through 2.12 and subsequent am endments.. The Cit>' expressly reserves deny any variance to the provisions of Ordinanc e No -.-4 Chapterjl as amended, even t ou_ same variance was granted by the Lake Minnetonka Conservation District. Subd. i&T Reference to Other Ordinances. Sectionj 10.10 ihrou^ 10.11 ar^ 10.41 is expressly conditioned upon the effectiveness of the Ordinances of the ‘ Conservation Department pertaining to manna regulations and if all or a portion ot such r J ” are declared invalid by a court of competent jurisdiction, no marina shall have a longer oc r ® lij /5] I? I?-d .n ,j Iji-OI S'* d «’f»« the ''ovver to be more restrictive in its regulation aOrJ.^r.c« if .he pablic health, safew a«a welfare of the citizens of Orono so requires. ' r rrnuu-n ^ \ ■K‘K- CIT\^ OF ORONO NOTICE The Orono Planning Commission wUl hold a public hearing on m^ter o^rono^S in the Orono Council Chambers. 2780 Kelley Parkway, on the matter of proposta L“ndm.ms to Municipal Zoning axle Section 10.41. the B-2 Ukeshotc Business D.s.nct Standards and requirements. All persons wishing tc be heard in regards to this matter will oVicTfor review commenis are solicited. The proposed amendments are available in the City . City of Orono By: Planning Commission Michael P Asst. Planni . Gafti^ ning Si^oning Administrator To be published in the Pioneer and Laker the week of May 23, 1994. 1^