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� � <br /> � NID.VUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,June 25,2012 <br /> ,,-._ • 7:00 o'clock p.m. <br /> (3. #IO-349I CITY OF ORONO-SARDCOVER REGULATIONS AMENDMENT, Continued) <br /> Gozola noted Section 78-1684 re-establishes existing hardcover exclusions such as public roads and trails <br /> � and follows up the new language in the last section with clarification that a property owner will not be <br /> penalized for their neighbor's hardcover. " <br /> McMillan sta.ted she sees that as a logical place to include the 100 square feet of impervious surface and <br /> other hardcover exclusions. <br /> Mattick agreed it would make sense to include it in that section. <br /> Gozola stated the definition for hardcover is all-inclusive so that people will laiow up front that there are a <br /> few caveats that do not fall under that definition. <br /> McMillan stated impervious pavers aze technically still considered hazdcover but that they are just <br /> excluding 100 square feet of it. .y„{ : <br /> Gozola stated Division 3 contai.ns the specific regulations based on the assigned protection tier for the <br /> underlying zoning district.Gozola noted the existing code does not regulate all of these properties in the . <br /> same way and neither will the new ordinance. As is the case with the current regulations,the new <br /> regulations are going to be more restrictive with properties that aze near the lake and less restrictive on <br /> ; properties that are located further from the water bodies.The proposed regulations under this proposed <br /> overlay district are essentially the same as in the existing code. � <br /> In the new ordi.nance, all properties are assigned a protection tier on the overlay map. If the property is <br /> pri.marily regulated by the second hardcover zone,it would be Tier 2 and so on. These tiers correspond <br /> directly to the tiers listed in the first section of Division 3. <br /> Bremer stated her property has a n�.mber of different zones and that under the new ordi.nance she would <br /> have two zones. <br /> Gozola sta.ted all lakeshore properties are Tier 1 properties and the other properties would be split <br /> between Tiers 2 and 3. Tier 1 would regulate parcels based on 25 percent of the gross land area between <br /> the OHWL and a distance of 250 from the OHWL,Tier 2 is 30 percent based on the gross lot area,Tier 3 <br /> is regulating 35 percent based on the gross lot area,Tier 4 is 50 percent,a.nd Tier 5 is 85 percent. These <br /> percenta.ges are exactly the same as what is in the existing ordinance with the exception of Tier 1. <br /> Gozola indicated he attempted to be as fair as he could in assigning the properties to the different tiers. <br /> McMillan asked what the Cit�should say in response to someone who challenges why they are in a <br /> � � particular tier. McMillan stated she would like to see some type of formula or policy included explaining <br /> why particuTar properties were placed in certain tiers. � � <br /> Gozola indicated he would be willing to write down the reasons and the logic that were used in assiD ing <br /> the parcels to particular tiers. <br /> Rahn asked if there is any distance related to the assignment of tiers. <br /> Page 7 of 15 <br />