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The problem is further exacerbated by the City's inability to effectively <br />regulate the placement of non-structural hardcover. With no permits <br />required, any property owner can install excessive hardcover and <br />violate the ordinance without the City's knowledge. To this end, the <br />City Council has dictated that such non-structural hardcover shall aoi <br />be taken into account when structural hardcover requests are <br />presented. <br />C. Hardcover Intensification <br />The distinction between structural and non-structural hardcover <br />becomes problematic when discussing, for instance, conversion of a <br />deck into an enclosed porch, because both are structures. This <br />conversion might be considered as an 'Intensification* of hardcover, <br />peiiiaps relating to the permanence of a hardcover item. A landscape <br />bed is less intense and less permanent than a deck, which in turn is less <br />intense and less permanent than a screen porch, which is (perhaps) less <br />intense and less permanent than a full season room. <br />As the intensity and permanence increases the City has decreasing <br />opportunity for future compliance. The result is that an increase in the <br />permanence of existing non-compliant hardcover is moving away from <br />the City's long-term goal. Requiring a variance in order to increase the <br />intensity of hardcover when a property is out of compliance, gives the <br />City an opportonily to mitigate or prohibit such activity. <br />D. Structural Hardcover vs Lot Coverage By Structures <br />The Hardcover ordinance was adopted in 1975 primarily and <br />specifically to limit the development of impervious surfaces and to <br />maximize runoff infiltration. The Hardcover ordinance applies to all <br />properties within the Shoreland District (within 1000' of a lake, within <br />300' of a tributary). <br />The Lot Coverage ordinance was adopted in 1990 primarily and <br />specifically to address visual density and the perceived over ­ <br />development of small lots in Orono. The Lot Coverage ordinance <br />applies to all zoning districts throughout the City, but only for lots of <br />1.99 acre or smaller. <br />There is clearly a definite distinction between the concepts of <br />Hardcover and Lot Coverage, which unfortunately is sometimes <br />'muddied' by the distinction between structural and non-structural <br />hardcover. A property can meet the 15% lot coverage standard, but <br />still be perceived by Planning Commission and Council as having too