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VI. Conformity <br />A. Working Toward a Goal <br />In a perfect world, all pr'-perties would conform to the hardcover limits <br />established in the Code. However, many properties do not conform <br />and perhaps never have from the day the ordinance was adopted. <br />Unfortunately, the City never established a baseline hardcover <br />inventory for each property, hence we cannot know whether we are <br />making progress. If the City's goal is that all properties should come <br />into conformance over time, then (again in a perfect world) it would be <br />appropriate to only rarely grant hardcover variances, to demand <br />significant tradeoffs of structural hardcover when variances are granted <br />(or deny the variance), to establish a program of requiring permits for <br />hardcover, and to do a baseline hardcover inventory for all properties <br />as of a given date. <br />Because so many properties do not conform, it could be argued that the <br />Code is too strict and should be relaxed so that most properties <br />conform. This would reduce the number of variance requests and <br />would be in keeping with the principles of good planning. The counter <br />argument, of course, is that this would lead to degradation of the lake, <br />that hardcover would run rampant. Yet there is little or no evidence <br />that suggests Orono's current practice of granting hardcover variances <br />on a regular basis when there is little or no 'hardship'shown, will yield <br />a better result in the long run than if a relaxed standard was adopted <br />and no variances were granted. <br />B. Nonconformities: 'Legal* vs 'Illegal* Hardcover <br />No attempt has been made in the various hardcover code sections to <br />define when it is 'legal' or 'illegal'. The zoning code discusses non- <br />conforming uses in Section 10 03 Subd. 5, but Subd 5(J) indicates the <br />section applies "only to the use to which land and buildings are put, <br />and do not apply to situations where location or height of structures, lot <br />size or other factors not involving the use of the premises prevent strict <br />conformance with the requirements of the Zoning Chapter". The term <br />"use" in this context refers to the permitted/accessory/conditional uses <br />listed in the code; for instance, it pertains to the status of a pre-existing <br />commercial business in a residential zone, not to the lack of appropriate <br />side setbacks for an existing house. Arguably, it does not pertain to <br />hardcover.