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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 10 of 26 (5. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) and that he wants to make sure the Council is okay with allowing people to take their hardcover from the 250-1000 foot zone up to the 75-foot line. McMillan stated on narrow lots, the side setbacks might come into play if someone would like to construct a big house at the 75-foot line. On a wide, deep lot, they will have more room to put hardcover at the 75-foot line and still meet setbacks. McMillan noted on the long, deep lots, a lot of the hardcover tends to consist of driveway. Gaffron stated that is the reason why he provided some examples to the Council last week. A 500-foot deep lot will have twice as much hardcover as a 250-foot deep lot. Gaffron noted under the new ordinance they can take all of that hardcover and put it within the 75-250 foot zone. The Council has not asked for any mitigating measures or performance measures in that scenario. Gaffron noted the City has followed that practice for 40 years so they do not end up with a lot of hardcover fairly close to the lake. Bremer stated that goes back to Council Member Rahn’s comment at the beginning that the numbers are quite a bit higher than what the City would normally allow. Bremer noted the average lakeshore setback is intended on the lake lots to push the house further back from the 75-foot line. Gaffron stated the fact that the City Council is going to review the impacts of the ordinance changes in a year does provide some comfort. Rahn commented it may not take a year if a certain pattern develops that Staff finds problematic and adjustments can be made prior to 12 months. Bremer stated she would like to hear Staff’s comments regarding the retaining wall issue. Gaffron stated it is likely regulating retaining walls evolved over the years and became more significant in the scheme of things as time went on. Gaffron stated in his view there is some value to reducing the slope and slowing down the runoff. A flat terrace will hold more water than a 15 percent slope with a retaining wall. Gaffron indicated he can go either way with the retaining walls but that it would be simpler if they do not count retaining walls as hardcover. Curtis stated some applications have walls that meander rather than being a straight staircase and there are applications that request grading in the 0-75 foot area, which can result in the creation of a little retaining wall to hold the stairs up. The City now has an engineer in-house that can evaluate those applications. Curtis stated in her view those are the areas where the City can make it easier for the residents and that residents are limited to stairways that are no wider than four feet. Rahn amended his motion, Bremer seconded, to adopt, as written, an Ordinance Amending Regulations Governing the Regulation of Hardcover and Establishing the Stormwater Quality Overlay District. Mattick noted it is still the City’s intention to not allow those items in the 0-75 foot zone even though they have been excluded from the hardcover calculations in other zones. Mattick suggested the Council may want to consider revising the exclusion introductory language by amending Section 78-1680 to basically say that you cannot put any hardcover except for these following items in order to clarify that Item #02 - CC Agenda - 09/24/2012 Approval of Council Minutes 09/10/2012 [Page 10 of 26]