11-24-1997 Council Minutes - Laserfiche WebLink

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W MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 ( #7) HARDCOVER POLICY RESOLUTION NO. 4006 • Gaffron reported that the City has had a hardcover ordinance since 1975 but has never formally adopted policies for its administration. He indicated that informal policies have evolved through the years and are analyzed in Exhibit B. Gaffron noted that, in his opinion, the City has placed too much emphasis on micro - managing hardcover on individual lots, he has drafted a resolution at the Council's request that begins to formalize a few of the hardcover policies that have been established. The resolution includes a number of background statements and findings, defines a list of items that are hardcover, establishes that some are "structural" and some are "non - structural ", defines any plastic or fabric in the 0 -75' zone as non - conforming, declares that any plastic or fabric contributing to a hardcover excess in other zones is non - conforming, and requires the removal of non - conforming plastic or fabric prior to acceptance of an application for hardcover variance. Gaffron acknowledged that the resolution formalizes a few of the policies that have been established, but is not comprehensive. Gaffron reviewed the findings established in the resolution on pages 2 and 3. The goal of #6 addresses the issue that has occurred where the City receives applications where hardcover calculations include rock and plastic placed without needing a permit but resulting in a violation of the code. It results in a perceived reduction in hardcover when the rock and plastic is eliminated by the applicant who proposes adding structure to the property. Gaffron said this is not a reasonable way to show a trade -off in hardcover by applicants. Variances are only to be allowed when • hardships are shown requiring the necessity. Gaffron said the ordinance was drafted to help the public understand the hardcover policy and for the Council to formally accept the policies. The ordinance will make any plastic or fabric found in the 0 -75' setback nonconforming, regardless of how it got there. Plastic or fabric in other zones will be non - conforming if the hardcover limit is exceeded. Gaffron noted that the requirement of removing the plastic or fabric prior to making application will be problematic during the winter months. The hardcover calculations stated at time of application will reflect the hardcover after removal of any plastic or fabric. Jabbour suggested the removals be required prior to receiving a building permit, which would eliminate the problem with requiring the plastic or fabric to be removed during the winter months prior to application being made. Jabbour thought this would be a reasonable remedy to the problem. Jabbour cited the reasoning behind the policy as it was originally drafted. He noted the vision of those people whose goal was to eliminate any hardcover in the 0 -75' setback except for stairs and erosion control. 40 4