03-02-2011 Council Work Session Minutes

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� ORONO JOINT PLANNING COMMISSION & CITY COUNCIL WORK SESSION Wednesday,March 2, 2011 5:30 o'clock p.m. forerunner of protecting the lake, which should be their number one concern. Bremer indicated the City should also be open to new technology and look at the number of variances that have been granted in the past. Bremer indicated her second concern is that she does not want residents to be upset that they have been denied under the old regulations and that she does not want to give the impression that those rules have been changed almost overnight. Bremer noted the City routinely denies decks because they exceed the hardcover numbers. Curtis stated one of the project goals is to hold open houses and meetings to bring forth that input by the residents. Gozola noted they will be able to document the questions/input by the public and the process the City went through in changing its regulations. Gozola pointed out that even if the code is simplified, that does not mean it will be easier to get a variance. Schwingler stated simplifying the process does not necessarily make it easier to obtain a hardcover variance. Schwingler stated it is not the Planning Commission's job to redesign the applicant's plans and that the regulations should not be less stringent but to have language that is easier to understand by the applicants. Bremer asked if the Planning Commission feels that applicants tend to propose their hardcover numbers at a higher level because that will allow them some leeway with the Planning Commission. Bremer noted Staff does inform the applicants of the hardcover regulations and that most local builders are aware of the numbers. Bremer stated the City Council should stick with one particular number. Schoenzeit reiterated there should be some performance standards that have to be met far the extra hardcover. Bremer noted under the recent Supreme Court ruling, they are not allowed to swap hardcover for a variance. Curtis pointed out they would be viewed as performance standards and not a variance. McMillan asked when the hardcover regulations originated in the City. Gaffron indicated they started in the 1970s and evolved due to questions by the developers and builders over what would be allowed, such as a shared driveway and what percentage is allocated to each property. There were also questions over what is considered hardcover and what is not hardcover. Back in the 1980s, there was a discussion regarding plastic under rock versus fabric, which raised a concern that people would create rock gardens within the 0-75 foot zone and plastic was subsequently banned. The 1980 Comprehensive Plan helped to document the vision of the City. Gozola stated there appears to be agreement for simplification of the code, consistent terminology throughout the code, outcome based regulation versus a hard cap on hardcover, and providing options for people to meet the code, which would allow far some flexibility in meeting the City's stringent regulations. ___.. --- Page 3