07-16-2012 Planning Commission Packet

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