Porter Beach residents are invited to attend an Oct. 17 public workshop to discuss the proposed creation of a Lakeshore Preservation District with special zoning regulations to guide future development there.

The meeting is sponsored by the Porter Beach Overlay Committee, which forwarded the proposal to the town Plan Commission. The workshop begins at 10 a.m. at the town hall, 303 Franklin St.

A formal public hearing on the overlay before the Plan Commission is scheduled for Oct. 21 at 7:30 p.m. or immediately following the Board of Zoning Appeals meeting, whichever occurs later. No votes will be taken at the Oct. 17 workshop, which is intended as a question-and-answer informational session. A final decision will be up to the Town Council following receipt of a recommendation from the Plan Commission.

The actual Lakeshore Preservation District ordinance and a three-page summary of its highlights are available for viewing and download from a link on the Town of Porter website at www.townofporter.com. A copy of the overlay zoning also is available for inspection at the town hall.

Town director of engineering Matt Keiser said as far as feedback on the proposal, “I’ve gotten none. I’ve heard from nobody (directly).” He noted for years Porter Beach has been getting preferential zoning treatment and a pass when it comes to full complaince with town code, so a new approach needs to be taken with regulations that make sense for that area.

According to the summary factsheet, the overlay ordinance only addresses issues which are justifiably different from the rest of the town such as soil type, unique vegetation, steep topography and original subdivision pattern, the latter laid out in traditional lots and blocks with no consideration for the dunes involved.

The new ordinance deals with fences, lot size, lot width, and the merger of lots into one by re-subdivision before a building permit for a house is issued; it also addresses special cases where a lot has an approved septic permit, requires all utilities be placed underground, and establishes a minimum setback of 15 feet from any property line for houses, pools, decks and sheds.

While current town code prohibits non-conforming structures from being rebuilt unless they come into compliance, non-conforming Porter Beach homes that require extensive maintenance or are completely destroyed may be rebuilt as long as the house stays on the same footprint as the old house.

New for the beach area is requiring a permit for any land-disturbing activity in order to allow for review and approval to protect the beauty and uniqueness of the neighborhood. Also, very steep slopes should remain as open space portions of a lot to avoid erosion, and the town will require a stabilization system such as terracing, retaining walls or special vegetation if major changes to the slope of a lot are proposed. During construction the builder must stabilize disturbed portions of the lot to prevent blowing or shifting sand.

Other new regulations proposed are requiring more detailed information to obtain a building permit for a house, protecting existing foliage during construction, and not allowing sod to be laid. Air-conditioning compressors shall be screened. Although town code requires driveways to be concrete or asphalt, driveways at Porter Beach will have flexibility to use porous materials when possible, and stormwater is to be directed so as not to cause washouts and erosion along public streets.

Although it hasn’t been enforced consistently in previous years, the overlay’s intent is that a new home shall be built only on lots which front on an improved street or where the builder is willing to install an improved street from the home’s access to an existing improved street.

According to the summary factsheet, it is the goal of the Plan Commission to permit continued residential development at Porter Beach but to impose restrictions --- sometimes more rigorous, sometimes more flexible --- on construction practices there.

Keiser said the proposed requirements don’t go as far as some beachfront communities, like outlawing rental properties. He encouraged Porter Beach residents to attend the workshop to ask questions pertinent to their site-specific lots.

He also stated the Plan Commission doesn’t see a need to move the Oct. 21 public hearing to a different night because the commission itself does not have a long agenda at this time. There is some consideration being given, he added, to moving up the 7 p.m. starting time of the Board of Zoning Appeals meeting, which has three public hearings and continuation of a fourth petition before the Plan Commission can begin.

Posted 10/2/2009