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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 18,2012 <br /> 6:30 o'clock p.m. <br /> land alterations needed to remove the violations, which were to be removed by June 1, 2012. The <br /> applicant then chose to apply for a variance in lieu of commencing the removals. <br /> The applicant is requesting that the hardcover in violation be allowed to remain, citing costs of removal, <br /> lack of ability to retain a contractor to do the removal, etc. The applicant has also submitted a memo from <br /> a consulting engineer suggesting that the permeable fabric underlayment with clean rock above should <br /> enhance the infiltration process. <br /> The City Engineer has not had a chance to weigh in on the applicant's engineering submittal which was <br /> received Wednesday. However,the Hardcover Task Force discussions regarding the use of permeable <br /> fabrics has resulted in a draft ordinance that would revise the City's long-held position that such fabrics <br /> will be considered as hardcover. The pertinent section of the proposed ordinance reads as follows: <br /> "Hardcover shall not include the following: landscaping with permeable lining,the first 100 square feet <br /> of pervious paver patios or walkways, the first 100 square feet of decks with a pervious surface below, <br /> handicapped ramps with a pervious surface below, and retaining walls." <br /> The proposed ordinance also includes this definition of permeable fabric: "Permeable lining(landscaping <br /> fabric) means a 100 percent porous material used for weed prevention that allows storm water to permeate <br /> into the ground." <br /> If the proposed ordinance is ultimately adopted,the applicant's hardcover numbers may be reduced <br /> significantly. <br /> The Planning Commission should consider the following issues: <br /> 1. Does the Planning Commission find any factors that support approval of the requested hardcover <br /> variance? This is an unusually large lakeshore property and construction of the residence and <br /> necessary supportive hardcover(driveways, sidewalks, etc) did not require a hardcover variance. <br /> Would the Planning Commission have approved the requested hardcover variance. <br /> Staff believes the applicant's stated practical difficulties do not support approval of a variance for excess <br /> hardcover under the current ordinances, especially given the long history of attempts by the City to gain <br /> compliance. <br /> Staff would further note that the removal plan for which the City issued a permit in December of 2011 <br /> would, if implemented, reduce the 75-250 foot zone from 39.35 percent down to 26.16 percent. <br /> Leskinen asked in the event this variance request is denied and the hardcover is ordered to be removed, <br /> whether, once the new hardcover ordinance is adopted, the owner would be able to come back in and <br /> reinstall the hardcover again. <br /> Walsh asked if they are willing to table it until the new hardcover ordinance is adopted. <br /> Gaffron stated if action is taken tonight by the Planning Commission, it would go before the City Council <br /> in July. The new hardcover ordinance will also be before the City Council in July. If the application is <br /> tabled a month, it could be delayed long enough to allow the new ordinance to take effect. <br /> Page <br /> --....._— _ -_._.._ _... _. <br /> _ - _......_ __--_ ...... _ <br /> 20 <br />