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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 15 (3. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) encroaching on your neighbor’s property, that hardcover will be counted against you, which is a clarification from the existing language. Rahn asked if that is something that the City has enforced in the past. Gozola indicated that is how the Code has been interpreted and regulated in the past but it is not clear in the current ordinance. Rahn commented it is hard for him to assess somebody's driveway that might cross the property line back into the percentage of hardcover. Bremer asked if you would include the hardcover of your driveway that encroaches into your neighbor's property. Gozola stated in his view you would not. Gozola stated this is an incentive for people to correct those types of situations. Bremer asked if he would envision it as if that 100 square feet were on a different part of the property. Gaffron stated there have been occasions where there were fairly significant encroachments that Staff would include in both the enumerator and denominator of the property. If someone has an excess of 100 square feet of hardcover that is on the neighbor's property, Staff is going to expand the size of the property for calculation purposes by 100 square feet and add all of that hardcover into the calculation. Bremer asked if that is how the language is written in the new ordinance. Gozola stated the City can follow its past practices and that in his view the proposed language would not prohibit them from doing that. Gaffron stated he is in agreement that it would not preclude the City from doing that analysis. Bremer stated she would like them to define what that analysis is in the ordinance. Gaffron asked if someone is encroaching on a piece property, whether that means that piece of property is no longer included in the calculation. McMillan stated in her view the lot area should be the person's boundaries. Rahn stated the parcel that is being encroached upon could be looked upon as a shared driveway situation. Rahn stated that will need to be looked at a little closer. Gozola stated as it relates to the provision on the prohibition of hardcover within the 0-75 foot zone, under the existing code people cannot put hardcover in the 0-75 foot zone and the new language would include that same prohibition. Item #03 - CC Agenda - 07/09/2012 Approval of Council Minutes 06/25/2012 [Page 6 of 15]