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. (3. #10 -3491 CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) Gozola noted Section 78 -1684 re- establishes existing hardcover exclusions such as public roads and trails and follows up the new language in the last section with clarification that a property owner will not be penalized for their neighbor's hardcover. McMillan stated she sees that as a logical place to include the 100 square feet of impervious surface and other hardcover exclusions. Mattick agreed it would make sense to include it in that section. Gozola stated the definition for hardcover is all - inclusive so that people will know up front that there are a few caveats that do not fall under that definition. McMillan stated impervious pavers are technically still considered hardcover but that they are just excluding 100 square feet of it. 3rr Gozola stated Division 3 contains the specific regulations based on the assigned protection tier for the underlying zoning district. Gozola noted the existing code does not regulate all of these properties in the same way and neither will the new ordinance. As is the case with the current regulations, the new regulations are going to be more restrictive with properties that are near the lake and less restrictive on • properties that are located further from the water bodies. The proposed regulations under this proposed overlay district are essentially the same as in the existing code. In the new ordinance, all properties are assigned a protection tier on the overlay map. If the property is primarily regulated by the second hardcover zone, it would be Tier 2 and so on. These tiers correspond directly to the tiers listed in the first section of Division 3. Bremer stated her property has a number of different zones and that under the new ordinance she would have two zones. Gozola stated all lakeshore properties are Tier 1 properties and the other properties would be split between Tiers 2 and 3. Tier 1 would regulate parcels based on 25 percent of the gross land area between the OHWL and a distance of 250 from the OHWL, Tier 2 is 30 percent based on the gross lot area, Tier 3 is regulating 35 percent based on the gross lot area, Tier 4 is 50 percent, and Tier 5 is 85 percent. These percentages are exactly the same as what is in the existing ordinance with the exception of Tier 1. Gozola indicated he attempted to be as fair as he could in assigning the properties to the different tiers. McMillan asked what the City should say in response to someone who challenges why they are in a particular tier. McMillan stated she would like to see some type of formula or policy included explaining why particular properties were placed in certain tiers. Gozola indicated he would be willing to write down the reasons and the logic that were used in assigning the parcels to particular tiers. • Rahn asked if there is any distance related to the assignment of tiers. Page 7 of 15