06-25-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. U (3. #I0 -349I CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) accordance with their Comprehensive Plan, to simplify the process, and to reduce the strain on Staff in processing the numerous variance applications. Gozola indicated a survey of 30 communities, including Orono, that was completed by the MCWD at the beginning of this process, showed that most communities around the lake have approved between zero and three variances. In comparison, that same survey shows that the City of Orono estimated that approximately 160 variances may have been approved over the years for hardcover issues. That number of variances puts a considerable strain on Staff to administer the City's requirements, it puts a strain on the City Council and Planning Commission meetings, and it is a strain on citizens as they both have to pay for and then go through a two to three month long process to request relief for something that is nearly always granted. In recognition of all these variances that have been approved, along with the frequent requests over the years by the homeowners asking for more flexibility with regards.to hardcover, the City Council created,*- task force to study the issue and to help draft some language for a new ordinance. The process began with the Planning Commission and City Council compiling a list of goals for the draft ordinance. Those goals were subsequently presented to the task force that was established by the City Council. The task force helped develop more specifics with each of the goals and assisted in the creation of an overall framework for the performance based option that was initially proposed. The goals included coordinating all regulations and to use the consistent term of hardcover; update the definition for • hardcover, close logical enforcement gaps, allow all homes to have a small deck or patio, and eliminate the roof overhang. Gozola stated the overriding theme for people was a simplification of the process. The new proposed language is designed to be easily understandable and should not require frequent calls to the City to find out what is required. One of the ways this has been accomplished is to make sure that consistent terminology is being used. Gozola indicated he has identified four or five different terms that were basically talking about the same thing in the City's current ordinances and that he is proposing to simply use the term hardcover. Also being proposed is language that will clean up the definition for hardcover, language that will close logical gaps in the regulation system as it currently exists, provide a credit for patios and decks since that is something that is frequently a reason for a variance request, elimination of the roof overhang penalty, and elimination of the existing hardcover zones. Gozola stated the new overlay district will be called the Stormwater Quality Overlay District. Gozola noted the current code was amended in 11 different areas. The ordinance includes a map that specifically identifies all parcels that are to be regulated. The map also identifies all of the parcels that are currently regulated under the existing ordinance, which basically comprises all of the properties that are within 1,000 feet of the Lakeshore or 300 feet of streams. That map demonstrates there are gaps in the current system of parcels that are unregulated even though they are completely surrounded by regulated parcels. The parcels shown in purple are the parcels that are proposed to be regulated under the new ordinance. Gozola noted this is a slight increase in the total number of properties that would be regulated but helps achieve the City's goals in improving the water quality of the lakes and streams. McMillan asked how the parcels were identified and placed in certain tiers. Gozola indicated he will be covering that part of the ordinance in a few minutes. Page 2 of 15 .y