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11-24-1997 Council Packet
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11-24-1997 Council Packet
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V. Structural vs Non-Structural Hardcover <br />A. Definition Lacking in Code <br />Structural hardcover as it has evolved in usage in Orono over the last <br />10-12 years is not defined in the Code but might be considered as <br />including those items which: <br />- require a building permit <br />- extend above the ground surface or into the ground <br />- are constructed rather than placed <br />Non-Structural hardcover would therefore include those items which: <br />- do not require a building permit <br />- exist on the ground surface but do not extend <br />substantially above or below grade <br />- are placed on the ground surface <br />B. Historical Reasons for Distinction <br />The City s propensity for making a distinction between structural and <br />non-structural hardcover is a direct result of property owners "trading" <br />ground level plastic or fabric lined landscape areas for more intense <br />and permanent types of hardcover such as buildings. This stems from <br />the City ’s technical definition that hardcover includes all items that <br />don't allow direct infiltration of runoff into the ground. <br />One can argue that "Hardcover is Hardcover", that whether it is a 3- <br />stoty building or plastic under a rockbed, it has the same effect of <br />inhibiting infiltration. The counter argument, however, is that not all <br />items Orono considers as hardcover actually limit infiltration. These <br />include permeable weed prevention fabrics, slatted decks, and the so <br />called 'porous pavements'. <br />It is problematic that in the past Orono has allowed (via a long history <br />of formal variance approvals) non-structural hardcover to be traded for <br />structural hardcover. This has resulted in a perception by the Planning <br />Commissi^., and Council that residents may be strategically installing <br />non-structural hardcover prior to applying for a variance for new <br />structure in excess of the allowed hardcover luv.its Then, as part of the <br />variance negotiations', they agree to remove the non-structural <br />hardcover, perhaps resulting in a net decrease of hardcover on the <br />property, which has been used as a justification for many variance <br />approvals. (Are Orono residents this wily? Have we forced them to <br />become so?)
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