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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 26 (5. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) dealt with legal nonconformities, some existing language from the City Code was eliminated as other recent code changes made that language unnecessary. Gozola stated in order to address one of the questions that were posed at the last meeting, he compiled a map to help illustrate the impact of having Step 5 within the tier methodology. Gozola indicated this particular map provides a good visualization that Step 5 is not an unreasonable expansion of the regulations that are currently in place. By filling in the gaps, it creates new regulations on 102 parcels within the community but most, if not all of those parcels, are entirely surrounded or almost entirely surrounded by parcels that are already regulated. Almost half of those parcels that are being added are in the Navarre area. Since the beginning of these discussions, people have looked at that particular area of the city as being important to close those particular gaps since all of the water in Navarre is basically ending up in approximately the same area regardless of the distance from the lake. Rahn commented he is becoming more receptive to the tiers, and that if Staff is in favor of the tiers, he would also be in favor of them. Rahn stated in going back to the beginning of this process, his thought with going to a single percentage number on the smaller lakeshore lots was to figure out what the average hardcover number was and that he had the impression the number would be around 17 percent. Rahn noted by allowing 25 percent hardcover on a 60-foot wide lakeshore and by including the 0-75 area in the hardcover, the property owner would be allowed over 1,100 square feet of additional hardcover. On a 100-foot wide lot, the property owner would be allowed almost 1,900 square feet of additional hardcover. Rahn noted under the draft ordinance, the City is allowing quite a bit more hardcover, which was one of the reasons he was opposed to the tier system on the longer lots. Rahn stated based on the large amount of additional hardcover that would be allowed, he is hesitant to allow the additional 100 square feet of patio or deck. Rahn stated his understanding also was that the City was going to include retaining walls as hardcover. Rahn noted by just including the 0-75 foot zone, the City is allowing a lot more hardcover on each lot, and questioned whether the City needs to do the 100 square feet of deck and/or pervious surface. Rahn suggested the City try the new regulations without the 100 square feet allowance and that it can always be added later if the City Council thinks it is necessary. Printup stated his thought on the items that were considered "low hanging fruit" such as the decks was that they should be allowed and not considered hardcover. Printup indicated he is in favor of the retaining walls and decks not being considered hardcover and that citizens frequently question why they should be considered hardcover when the water goes through or around them. Printup stated he does understand what Council Member Rahn is saying about inclusion of the 0-75 foot zone allowing additional hardcover, but that he is still in support of allowing the 100 square feet of deck. Printup indicated he does not want to see more stringent rules placed on the small lots in Orono. Franchot stated the process has been a good one and that he is a believer in pervious and permeable hardcover. The difficulty with where the City Council ended up is that there are so many different lots but that in his opinion they have reached the best compromise. Franchot stated he also believes it is better to simplify the regulations and not have people figure out which part of their lot is allowed what percentage of hardcover. Franchot stated the current regulations on the 0-75 foot zone help protect the lakeshore and that he is comfortable with the ordinance. Franchot stated there will likely be instances where there are issues but Item #02 - CC Agenda - 09/24/2012 Approval of Council Minutes 09/10/2012 [Page 6 of 26]