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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 /> variances to a more strict approach that really analyzes whether an actual practical difficulty exists before <br /> a hardcover variance is granted. <br /> The final division of the new ordinance focuses on legally nonconforming hardcover and re-establishes <br /> some existing language into the new overlay district. <br /> Gozola stated the ordinance before the Planning Commission is a culmination of over a year's worth of <br /> effort, multiple task force meetings, and multiple joint meetings between the Planning Commission and <br /> the City Council. The proposed language was thoroughly debated and deemed by the City Council and <br /> the Planning Commission to be the best way to proceed at this time. Should the City Council wish to <br /> pursue the performance based option,the framework would allow that language to easily be moved <br /> directly into the City's Code. <br /> Walsh asked whether play sets, swing sets,and sand boxes would be regulated under the hardcover <br /> definitions contained in Section 1 and Section 2. <br /> Gozola stated those items have not been specifically called out in the definition. If the Planning <br /> ' Commission felt there needed to be more specificity on those items,they would have the option of adding <br /> that language at this time. <br /> Walsh commented it would be a good topic to discuss since there are a number of play sets in the City <br /> and there should be some type of resolution to that item. <br /> Gozola stated in his view a play set would not be considered hardcover similar to a retaining wall. <br /> Gozola stated in his view the water would go down through the sand unless there is a liner installed. <br /> Walsh stated he would like to look at simple solutions to address some of these potential issues. <br /> Thiesse commented some play sets are relatively large. <br /> Gaffron noted the City does have a property where the play set has gradually grown over the years and <br /> that the question becomes when should a play set be considered hardcover. <br /> Walsh commented he would like to see some type of language regulating those items to prevent any <br /> issues. <br /> Levang stated some sand boxes do have a bottom or a liner to them. <br /> Gozola sYated that would be one way to differentiate them. <br /> Gaffron stated the other issue for Staff is that they become a visual encroachment as they get larger and <br /> that the City should consider regulating them as either a structural encroachment or a visual <br /> encroachment. Gaffron commented that is probably beyond the scope of tonight's discussion regarding <br /> hardcover but that it is part of the mix for regulating those types of structures. <br /> Landgraver asked if the play sets and sand boxes should be considered as a separate item. <br /> Gaffron stated in his view it should be a separate item and discussed at some point in the future. <br /> Page 5 <br />