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HomeMy WebLinkAbout11-13-2023 City Council Agenda Packet - work sessionCouncil Work Session Monday, November 13, 2023 5:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 WORK SESSION AGENDA 1. Average Lakeshore Setback 2. New Agenda Management Software Prepared By: LLO Reviewed By: Approved By: CITY OF ORONO MEMORANDUM DATE: November 13, 2023 TO: City Council Members FROM: Laura Oakden RE: Average Lakeshore Setback Discussion- Continued Purpose Review the current Average Lakeshore Setback (ALS) regulations and consider changes. Background. The Council directed staff to bring the average lakeshore setback regulations to a work session to explore potential amendments to the City Code. The ALS is a sight line setback applied to protect views of the lake from neighboring homes across property lines. It is measured by finding the most lakeward point of the abutting building and drawing a line that bisects the subject property. The City implements a 75’ lakeshore setback which is a measured set distance from the Ordinary High Water Line (OHWL). Both the 75’ lakeshore setback and the ALS apply to lakeshore properties. The more restrictive setback is applied to a subject parcel. Challenges: The ALS is unique to each property and each specific building at time of development. A curved lakeshore, an extreme neighbor setback, a peninsula, 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 each of the neighboring homes along the shoreline. The City often grants variances for ALS, when requested, as long at the proposed project does not negatively impact the neighbors’ views. Options to Consider: 1. Recalculate to find the AVERAGE distance of the neighboring home locations. The average distances measured from the two abutting homes would be used to find a numerical average setback from the OHWL for the subject property rather than a drawn line like we use today. For Example: • Eastern House is 100’ from the OHWL • Western House is 120’ from the OHWL • 100+120/2= 110. • The house in the middle must meet a setback 110’ from the OHWL. 2. Allow for an exception from the ALS for homes over 300’ back from the lakeshore. This option removes the home that is over 300+ feet from the lake. This could relieve the number of variances being requested each year, but it could allow for a new home to be built lakeward of an existing home impacting lake view. 3. Allow for an exception for decks to encroach within the ALS as currently applied. A deck is considered to be a part of the principal structure and currently must adhere to the ALS. An elevated deck on a neighboring home is also used as the closest point for measurement. This option could eliminate some variances, but would allow for encroachments over 42 inches in height within the ALS which could impact views of the lake. 4. Eliminate the ALS regulation. This would allow for homes to be built to the required lake yard setback (i.e.,75’ from Lake Minnetonka) and could impact existing lake views. This option would remove the neighboring properties perceived “right to a view” over land they do not own. It would simplify development and the City Code. 5. No Changes. Residents and stakeholders are familiar with the current code. The ALS is a setback which has an outcome that pushes back development from the lake with helps with lake preservation. The City processes a lot of ALS variances each year and the setback is subjective as it is based on the neighboring homes. Staff Recommendation: Option A: Staff is recommending a text amendment to eliminate the ALS. The intent is for the ALS to protect the neighbor’s viewshed which is subjective and not the goal of the City Council. Option B: If the ALS regulation stays in place, Staff would recommend that City Council consider a recalculation of how the ALS is determined. If Council has a goal of a secondary setback to help preserve the lake and also to create uniformity along the lakeshore the Council should direct staff to draft language for recalculating the ALS to a mathematical average of the homes which would create a measured setback from the OHWL for each property. COUNCIL ACTON REQUESTED: Council should discuss the information and provide guidance to staff for next steps. EXHIBITS: EXHIBIT A. 8.14.23 Work session Item 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 Average Lakeshore Setback Discussion City Council Worksession 8/14/2023 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. ALS vs 75’ Lakeshore Setback •The 75’ Lakeshore Setback is a measured setback from the 929.4 Ordinary High Water Level (OHWL)to restrict development in order to protect the lake. •This setback can vary depending on the classification of lake -up to 150’ setback can apply •The ALS is a sightline setback intended to protect the neighbor's views of the lake. •The more restrictive of the two setbacks is applied. Orono City Limits: Forest Lake Lakeshore ALS Variances Granted 2021-12 ALS Variances 2022-7 ALS Variances 2023-10 ALS Variances (through the end of July) Neighboring Cities City Do they implement a sightline setback? (In addition to a OHWL setback) Do they follow a similar formula as Orono for determining the setback Do they grant variance from their sightline protection ordinance? Minnetonka Beach Yes. (Recently amended in 2023)A line is drawn from building to building to determine the ALS as well as a separate deck to deck line is drawn. No Wayzata Yes A line is drawn between the principle buildings AND the average distance is calculated based on the principle buildings. The MORE restrictive is applied. Rarely-Maybe 1 Variance a year Minnetrista Yes A line is drawn between the principle buildings AND the average distance is calculated based on the principle buildings. The LESS restrictive is applied. Additionally if the abutting neighbor is over 200’ from the OHWL, it is excluded. No Spring Park No Follow at 50’ lakeshore setback from the OHWL. Some exceptions for deck encroachments N/A Victoria No N/A N/A Deephaven No They only follow a 100’ lakeshore setback from the OHWL N/A Shorewood No N/A N/A Key Differences •Half of the responding cities rely solely on the Lakeshore Setback from the OHWL and do not implement a sightline setback (ALS). •Some cities exclude properties based on their extreme setbacks. •Not all cities use a drawn line, some use a calculated average. ALS Items to Consider •Orono has a lot of lakeshore and most of it is not a straight line. •There are special considerations when reviewing and granting ALS variances. •Range of Situations: •Double frontage Lots •Non-lakeshore lots abutting lakeshore properties •Channels •Timing of development •Is the ALS achieving the intent of the council? Points of Discussion •Should the City’s role be, to protect a resident’s views across a neighbor’s property. •Structures vs Landscaping? •If so, is the current ALS regulation the best way to address the protection of neighbor’s views? Prepared By: JVE Reviewed By: Approved By: CITY OF ORONO MEMORANDUM DATE: November 13, 2023 TO: City Council Members FROM: Nola Dickhausen RE: PEAK Agenda Management 1. Purpose. Introduction to the new PEAK Agenda Management program.