REQUEST FOR COUNCIL ACTION

Transcription

1 REQUEST FOR COUNCIL ACTION DATE: 10 August 2015 ITEM NO: 12 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart RJO Planning Department Report Title Community Development Director Item Description: , City of Orono, Amend City Code relating to Average Lakeshore setback List of Exhibits Draft Ordinance Planning Commission staff report Planning Commission attachments Purpose. The draft ordinance codifies the application of average setback where a subject lot is adjacent to a vacant lot or right of way. The draft also removes the provision that staff can approve a project where the average lakeshore setback cannot be met. Background. Average Lakeshore setback was deemed a high priority during the November 2014 joint work session. The Average Lakeshore setback, in summary, is intended to address visual massing impacts to adjacent properties by requiring improvements on lakeshore lots to be behind adjacent residential structures. Where there is not two adjacent residential structures, staff applies the setback of the adjacent structure, or 75 feet, whichever is greater. The proposed ordinance codifies this practice in paragraph b. Further, staff recommends deletion of the clause (paragraph a) that grants the planning director discretion to approve a project if the setback cannot be met, the lake views of adjacent lots are not obstructed, and with adjacent neighbor s approval. It is bad practice to regulate approval on neighbors consent, and a variance from regulations should only be approved through the formal variance process. In staff s estimation, this clause was applied 5 or less times over the last 10 years. The Planning Commission held their public hearing on July 20 th, after receiving no public comment, the Commission recommended approval. COUNCIL ACTION REQUESTED: Staff and the Planning Commission recommend approval of the ordinance as presented.

2 ORDINANCE NO., THIRD SERIES Council Exhibit A CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY AMENDING SECTION REGARDING AVERAGE LAKESHORE SETBACK THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section of the City of Orono Municipal Code is hereby amended by adding and deleting text within Sections as follows: (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, 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 residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore cannot be met, administrative approval may be granted at the discretion of the city administrator or designee planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. ab. 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 residence building on the immediately adjacent improved lakeshore lot. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 10th day of August, 2015 on a vote of ayes and nays by the City Council of Orono, Minnesota. ATTEST: Page 1 of 2

3 Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of, Page 2 of 2

4 To: From: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Jeremy Barnhart, Community Development Director Date: July 20, 2015 Subject: # , City of Orono, Ordinance Amendment: Accessory Structure Public Hearing Application Summary: The proposed ordinance would codify the practice of applying average setback to lots adjacent to unimproved lots or ROW. Staff Recommendation: Planning Department Staff recommends approval of the draft ordinance as presented. Alternatively, staff would appreciate direction as to alternative language. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Lot Schematic Exhibit C. Minutes from Joint PC/ CC Meeting November 5, 2014 Exhibit D. Summary Memo dated September 21, 2011 Background The review of Average Setback and its application was deemed a high priority of the Planning Commission and the City Council at their joint workshop on November 5, 2014; these minutes are attached. The Planning Commission further discussed the topic at their meeting on January 7, Unfortunately, there are no minutes from that meeting. The history of average setback is lengthy, and summarized in the attached memo (Exhibit D) from Mike Gaffron to Staff, Planning Commission, and the City Council dated September 21, The code currently reads: (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to 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 residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore setback cannot be met, administrative

5 FILE # July 2015 Page 2 of 2 approval may be granted at the discretion of the planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. It is staff s understanding that the Planning Commission in January felt the language adequately serves the majority of situations encountered and did not recommend any changes to the zoning code. While no changes were suggested, staff wanted to confirm practice in certain unique situations, and codify this practice. Current practice. Please refer to the attached schematic (Exhibit B). In situations where construction is proposed on a lot (Lot B) where a house is standing on one side (Lot A), and the lot on the other side is either vacant or right of way (Lot C), the average lake shore setback, in practice, is the distance the standing house is from the OHWL. There is no straight-line drawn because there is no neighboring residential structure. In effect, the neighbor on Lot A alone creates a new setback that is greater than the 75 lake yard. Issues for Consideration 1. Does the Planning Commission agree with the method of determining average lakeshore for lots adjacent to vacant/ ROW property? 2. If not, what concerns of the Commission should be addressed?

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35