04-27-2009 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 27, 2009 7:00 o'clock p.m. (3. #08 -3361 CITY OF OR ONO, CODE AMENDMENT FOR HARDCOVER REGULATIONS, Continued) non - conforming hardcover. The City Attorney has drafted an ordinance, which does not include provisions requiring removal of non - conforming hardcover. Staff has requested that hardcover debiting be included. Hardcover debiting is subtracting the amount of excess hardcover from the amount of allowed hardcover in the next zone away from the lake. It has been used in hardcover variances. Adding it to the Code would allow it to be used in all situations. It would also encourage removal of non - conforming hardcover. The Planning Commission voted 5 to 0 on consent to recommend approval. White stated in his view the ordinance is well drafted and that he is not aware of anything else that should be included. Murphy stated it was not clear to him regarding the rationale for paying for the removal of hardcover. It was his understanding that the City could request the removal of the hardcover as part of the application process. Mattick stated technically the City can still do that, but that there was a change in the law approximately two years. As a condition in an application, the City can require the removal of nonconforming hardcover, but the City would be required to pay for the hardcover. In applications requesting variances for homes with structures located within the 0 -75 foot zone, the • City can require the removal of those illegal nonconformities and can also require the removal of the legal nonconformities but that the City would need to pay for the legal nonconformities. Mattick stated Staff did not feel the City would want to pay for those items and so left that language out of the draft ordinance. Bremer asked whether there was ever a situation where a narrower driveway was required. Gaffron stated to his recollection eight feet was the narrowest. Curtis stated it was eight feet with an apron. Turner noted the minimum driveway apron widths are 9 feet for one stall, 16 feet for two stalls, and 28 feet for three stalls. A single stall garage door is 9 feet wide. Staff feels the driveway width at the garage should be the width of the garage door. Franchot asked why a driveway serving a side - loading garage has different turn around depth. Turner stated it has to do with the backing out of a side - loading garage, which requires that the vehicle make a 90- degree turn, which is why the apron depth was changed. McMillan asked whether the Council should encourage side - loading garages. Gaffron stated that standard is in effect to accommodate property owners of narrow properties and that Staff felt it was important to have a minimum standard. • Turner stated it also depends on the length of the driveway. PAGE 2