04-18-2016 Planning Commission Packet

Home Browse Search

, PC Exhibit D MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 24,2012 7:00 o'clock p.m. 3. #10-3491 CITY OF ORONO-HARDCOVER REGULATIONS AMENDMENT- ORDINANCE NO. 94,THIltD SERIES Gaffron stated tonight the City Council has before them a nearly final draft of the hardcover ordinance that was reviewed at the September I Oth meeting as well as a summary ordinance far publication in the local newspapers. The revisions requested by the City Council related to retaining walls. The intent of the City Council was to exclude retaining walls from the hardcover calculations, which has been incorporated into the new ordinance. In addition, in order to further clarify, Staff has included retaining walls within the definition of hardcover. In order to make a distinction between hardcover and hardcover items that will be excluded from hardcover calculations, Staff has removed the words "unless otherwise exempted" from the hardcover definition. Similarly, Section 78-1684, Standard Hardcover Exclusions has been revised. The word hardcover has been inserted into the preamble to indicate that the following items not required to be included in hardcover calculations are still hardcover by definition. In addition,the preamble to Section 78-1684 has been revised to read that"landscaping with permeable lining shall not be considered hardcover"and Items 1 through 5 would be considered hardcover but excluded from hardcover calculations. Gaffron indicated Staff has put together a sheet defining the major changes within the wetland ordinance. During the process of compiling that sheet, Staff concluded that it would be appropriate to add clarifying language to the new ordinance regarding the allowance of stairways, lifts, landings, lock boxes and driveways under certain circumstances within the 0-75 foot zone. The City's past practice has been to not debit a property's hardcover allowance by the square footage of those allowed items of hardcover in the 0- 75 foot zone. Staff essentially treated them as nonhardcover for calculation purposes but it has never been codified. Those specific items have been traditionally allowed in the 0-75 foot zone without variance approval following administrative review. Staff would like to formalize that practice by adding Item No. 6 under exclusions that would state that stairways, lifts, landings, lock boxes and driveways,when in compliance with the provisions of Section 78-1282 of this Chapter, would be an exclusion. Staff recommends approval of the ordinance and summary ordinance. Mayor McMillan stated she visualized those items as being included in the hardcover calculation since the 0-75 foot area will now be counted in the overall lot area. Gaffron stated in his view the City Council would be justified in taking that position. Gaffron recommended that regardless of which way the City Council elects to go on that item,the practice should be clarified. To illustrate the question, Gaffron gave an example of a lakeshore property that is 250 feet deep and 100 feet wide, consisting of 25,000 square feet. It would be allowed 25 percent hardcover or 6,200 square feet under the new ordinance. The house, the driveway,deck, and everything past the 75-foot line would count as hardcover and in the example would tota16,200 square feet. In the past,the lakeshore stairs and Page 1 of 12