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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 25, 2012 <br />7:00 o'clock p.m. <br />_____________________________________________________________________________________ <br /> <br /> Page 7 of 15 <br /> <br />(3. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) <br /> <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 /> <br />McMillan stated she sees that as a logical place to include the 100 square feet of impervious surface and <br />other hardcover exclusions. <br /> <br />Mattick agreed it would make sense to include it in that section. <br /> <br />Gozola stated the definition for hardcover is all-inclusive so that people will know up front that there are a <br />few caveats that do not fall under that definition. <br /> <br />McMillan stated impervious pavers are technically still considered hardcover but that they are just <br />excluding 100 square feet of it. <br /> <br />Gozola stated Division 3 contains 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 are 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 /> <br />In the new ordinance, all properties are assigned a protection tier on the overlay map. If the property is <br />primarily 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 /> <br />Bremer stated her property has a number of different zones and that under the new ordinance she would <br />have two zones. <br /> <br />Gozola stated 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, and Tier 5 is 85 percent. These <br />percentages are exactly the same as what is in the existing ordinance with the exception of Tier 1. <br /> <br />Gozola indicated he attempted to be as fair as he could in assigning the properties to the different tiers. <br /> <br />McMillan asked what the City 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 particular properties were placed in certain tiers. <br /> <br />Gozola indicated he would be willing to write down the reasons and the logic that were used in assigning <br />the parcels to particular tiers. <br /> <br />Rahn asked if there is any distance related to the assignment of tiers. <br /> <br /> <br />Item #03 - CC Agenda - 07/09/2012 <br />Approval of Council Minutes 06/25/2012 <br />[Page 7 of 15]