HomeMy WebLinkAboutResolution 4006 , -
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
� �kESH�g' NO. � �11 O �i .,
� A RESOLUTION
ESTABLISHING POLICY �
REGARDING THE HARDCOVER STATUS
OF PLASTIC AND FABRIC LANDSCAPING MATERIALS �
AND DEFINING THE DISTINCTION BETWEEN
STRUCTURAL AND NON-STRUCTURAL HARDCOVER
WHEREAS,the City of Orono since 1975 has regulated the use and placement of hardcover
on land within 1000 feet of lake shorelines; and
WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other
material which interferes to any degree with the direct absorption of rainfall into the ground"; and
• � WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the
1000-foot regulatory zone into four tiered "hardcover zones" which are commonly referred to as
"the 0-75'zone", "the 75-250'zone", "the 250-500'zone",and"the 500-1000'zone"; and said zones
are respectively allowed 0%hardcover, 25%hardcover, 30%hardcover, and 35%hardcover; and
WHEREAS,.the City Council has long considered that plastic sheeting and weed control
fabrics(hereinafter referred to as'plastic or fabric')shall be considered as hardcover for the purpose
of administering the hardcover ordinances, regardless of the extent to which such materials aze
actually permeable; and
WHEREAS,the City has never issued permits for placement of plastic or fabric on private
or public property,and all such material where it currently exists in excess of the allowed hardcover •
percentages on any given property, is considered as non-conformin�; and �
WHEREAS, the City is continuously faced with requests for variances to the hardcover
ordinances wherein applicants are required to provide calculations identifying the various types and
square footages of hardcover within a property; and . .
WHEREAS, hardcover variance requests are commonly reviewed by the City with the
underlying intent that the percentage of hardcover be reduced from the pre-existing condition; and
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�� �'�' RESOLUTION OF THE CITY COUNCIL
� L�kESH��� NO. � O � �
- � WHEREAS, property owners commonly request hardcover variances for which their
proposal includes a reduction in the overall hardcover,but typically by an increase in the amount
of'structural hardcover' with concurrent removals of'non-structural hardcover'; and
WHEREAS,the City has not previously formally defined by ordinance or resolution the
distinction between'structural' and'non-structural'hardcover,but has commonly considered such
a distinction when reviewing hardcover variance requests; and
WHEREAS, the City Council finds that it would be beneficial to formally define the
distinction between structural and non-structural hardcover; and �
WHEREAS, the City Council finds that it is inappropriate to consider the removal of non-
conformin� plastic or fabric as a good-faith hardcover reduction when considering hardcover
variance requests; and
• WI�REAS,the City Council finds that to the extent practicable,all non-confornung plastic
or fabric should be removed from properties for which a hardcover variance is requested,to reduce
the potential for'trading'non-confornung non-structural hardcover to gain structural hardcover.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono,
Minnesota:
1. Structural Hardcover shall be defined as those items of hardcover which require a
building permit,which extend above the ground surface or into the ground,or which
are constructed rather than placed. J
2. Non-structural Hardcover shall be defined as those items of hardcover which do not
require a building permit, which exist on the ground surface but do not extend
substantially above or below grade,or which are placed on the ground surface rather
. than constructed.
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�� �'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�g'� NO. L� � � �Y
� 3. The following items are considered as hardcover:
Structural Hardcover � Non-Structural Hardcover
� Buildings Roads and shoulders
Tennis courts Driveways(Concrete,asphalt,gravel,dirt)
Pools,incl.water surface Sidewalks,ramps,etc.
Decks,regardless of spacing Any surface intended to be driven on
Roofs of any sort,incl. some roof overhangs � Landscape beds lined with plastic sheeting
Play structure platforms Landscape beds lined with weed-prevention fabric
Temporary buildings . Tops of rock or timber retaining walls
Any vehicle,material,or equipment which Patios,stepping stones
prevents direct absorbtion of rainfall into the Porous pavements(various)
ground and which is stored for an extended
period of time
� 4. All plastic or fabric located in the 0-75'hardcover zones within the City is considered
� as non-conforming unless specific approval for same is granted by the City Council
at some date after the adoption of this ordinance.
5. All plastic or fabric in hardcover zones other than the 0-75' zone is considered as
non-conforming when the combined structural and non-structural hardcover in said
zones exceeds the allowed hardcover percentages for said zones.
6. For any project that has been the subject of a hardcover variance approval, no
building permit will be issued until all non-conforming plastic or fabric has been
removed from the property. Hardcover calculations presented at the time of
variance application shall reflect all hardcover remaining on the property after the
non-conforming plastic or fabric has been removed.
Adopted by the City Council of the City of Orono this 24th day of November, 1997.
A EST: �
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orothy M. H 1' , City Clerk . Gabri 1 Jabbour,Mayo
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