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�-��O <br /> To: Chair Leskinen and Pianning Commission Members <br /> Jessica Loftus, City Administrator yF `�C'' <br /> � <br /> t�'�E S H O4� <br /> From: Jeremy Barnhart, Community Development Director <br /> Date: April 18, 2016 <br /> Subject: #16-3825, City of Orono, <br /> Text Amendment: Hardcover calculation exceptions <br /> Public Hearing <br /> Application Summary: The proposed ordinance would codify practice to include existing <br /> retaining walls within the lake yard in hardcover calculations. <br /> Staff Recommendation: Planning Department Staff recommends approval of the ordinance <br /> amendment as drafted. <br /> list of Exhibits <br /> ExhibitA. Draft Ordinance <br /> Exhibit 8. Applicable ordinance sections <br /> Exhibit C. Minutes from Sept. 10. 2012 City Council meeting <br /> Exhibit D. Minutes from Sept. 24. 2012 City Council meeting <br /> Exhibit E. Mike Gaffron memo dated September 21, 2012 <br /> Background <br /> In 2012, the City adopted Ordinance 94, governing the regulation of hardcover and <br /> establishing the stormwater quality overlay district throughout the City. The case file <br /> for that ordinance amendment was #10-3491. <br /> Within that ordinance, retaining walls were defined as hardcover in Section 78-1. <br /> Section 78-1680 states "Within 75 feet of the ordinary high water level (OHWL) of any <br /> lake or tributary, and within any bluff or shore impact zone, no hardcover shall be <br /> placed, located or constructed, except for driveways, stairways, lifts, landings and <br /> lockboxes as regulated by the shoreland overlay district." Emphasis added. Existing <br /> hardcover in these areas is legal, non-conforming, and is allowed to remain, or be <br /> replaced, in kind. <br /> Section 78-1279 (5) States that retaining walls shall not be placed in the shore setback <br /> zone. <br /> Section 78-1684 restates retaining walls are hardcover, but lists these walls among its' <br /> standard hard cover exclusions. <br />