07-08-1985 Council Packet - Laserfiche WebLink

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MINUTES OF THE: REGULAR ORONO 'COUNCIL MEETING HELD JUNI•: 2.4, 1985. PAGE; 11 ORDINANCE CLARIFICATION (CONT. ) Art Finkelstein of 1740 Shadywood Road stated that in his case he wants to take out a strip of grass 5' x 20'. Finkelstein asked the Council why they will not let their professional staff interpret what hardcover is and what is not and allow them to make equal tradeoffs. Finkelstein noted that staff is technically able to interpret the ordinances of the City except under circumstances that are clearly confusing in which Council must decide. Mayor Butler noted that when the allowed hardcover is reached and an excess of hardcover is requested then it is beyond staff's purview. Art Finkelstein noted that staff should be able to make equal tradeoffs regardless of whether the property is over the allowed hardcover. Finkelstein noted that the ordinance is vague and should be clarified. Ceuncilmember L. Adams noted that he finds the hardcover ordinance one of the only clear cut ordinances in the book. Adams noted that what is considerd hardcover has been changing as a result of the new technology recently introduced to the City. Adams noted that the ordinance intent is to reduce runoff into the lake. Adams noted what is not explained in the hardcover ordinance is the intent to increase absorption into the ground water. Adams noted that the Planning Commission needs guidance on exactly what Council considers as hardcover. Adams felt that pools are hardcover because they eliminate absorption in the area of ground where the pool covers. Adams felt that staff should have more authority but that Council must decide perimeters. Councilmember Grabek asked how the City originally came up with the 25% hardcover allowed number. Building & Zoning Administrator Mabusth stated that when the hardcover ordinance was drafted it was designed to help drainage. Mabusth noted that extensive studies were done at the Freshwater Biological Institute (FWBI) and that Council's decision was based on those studies. Mabusth stated that Council would ask on all hardcover variance i%quests if the proposal would help the drainage on the property and that the allowed percentages were to be used as a guage. Mabusth noted that the Purdy request is a classic example of the intent of the ordinance in consideration of the existing drainage pattern. Mabusth stated that staff felt comfortable making equal tradeoffs on a staff level without bringing them to Council, out noted that the documen+ation of a variance review (filing the resolution in the chain of title) is also a factor for consideration. Mayor Butler suggested staff act on a staff level and then draft a resolution .in those cases and place tlic-m on )Consent Agc•ndr► for Ccunci l appi ova 1 .