08-13-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL Monday, August 13, 2012 7:00 o'clock p.m. (5. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) McMillan noted that pervious pavers, if not properly maintained, could become impervious. McMillan stated the City Council shied away from the performance standards due to the amount of Staff time that would be required to inspect the properties. McMillan commented a person could also blacktop over pervious pavers at some point in the future and the City could be unaware of that for a number of years. Rahn commented the pervious pavers also have to be installed correctly in order to be pervious. Bremer stated she likes the fact that retaining walls that are deemed to be necessary are not counted as hardcover but that decorative retaining walls would count as hardcover. The e-mail also asks, if the retaining wall is required as part of the building and approved as part of the building, then why would it be necessary for the City Engineer to approve that retaining wall. Bremer stated she was envisioning a situation where the City Engineer would need to determine whether the wall was necessary or decorative if the wall is constructed at some later time. Struve stated the problem with determining whether it is necessary or not is that the yard could be regraded. A 3:1 slope is not a useable slope and would require a retaining wall. The property owner could also regrade the property and not require a retaining wall, which would then make it more decorative. Struve stated he would rather have them all included as hardcover or not included as hardcover. Printup stated there will be property owners who will question the methodology of how the tiers were developed and why they were placed into a particular tier versus a different tier. Looking into that methodology by the City Attorney will be important. Printup stated at this point, given the discussion tonight, he would want to have the higher number to allow people to build what they would like on their property but that they might have more answers after the City Attorney's review. Mattick noted he will not be creating the methodology but will be reviewing what Mr. Gozola has developed. Mattick suggested the City Council review in more detail the overlay map that has been created prior to the next City Council meeting. McMillan stated she would like to keep the basic ordinance intact but that in her view Tier 1 should be an overall 25 percent. Items A, B, and C on Page 11 could be deleted and it could just have language to the effect that hardcover shall not exceed 25 percent of gross lot area. McMillan stated she would also like Staff to come back with an analysis of the DNR regulations and the methodology of the tiers. McMillan stated she would like to keep the process moving forward. McMillan stated by having Tier 1 properties include the 0-75 foot zone, she would like to limit the overall hardcover to 25 percent. Printup noted construction or hardcover within the 0-75 foot zone would still not be allowed. Bremer stated to take a Tier 1 parcel and make it 25 percent would be inconsistent with the rest of the tiers and make it even more arbitrary for the other lots. Bremer stated in her view it is also important to have the full City Council vote on the new ordinance and that in her opinion Council Member Franchot has been supportive of the ordinance in the past. Bremer stated the next natural step in the process is to have the legal review. Page 12 of 19