Request for CC action/encroachment issue

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� MINUTES OF'1`HE ORONO CITY COUNCIL MEF,TING l��onday,January 12,2015 7:Q0 o'clock p.m. Printup moved, Walsh secanded, ta direct Staff to draft an encroachment agreement aIlowing the entire retRining wall subject ta compliance with the regulations that the Minnehaha Creek �'atershed District would�requir�for establishment of the native vegetation,w•ith vvaiver of the after-the-fact permit fees. Printup stated what he hears loud and clear from this applicatian is that it is very farniliar to anot}�er applicatian that had a fire pit encroachment. Printup stated his concern is that the municipalit.y is not caordinating well with the Watersl�ed District. Printup stated he would prefer to error on the side�f people wllo are being praactive and attempting to do the right thing only to he stapped in their tracks by ail of the bureaucratic papenvork. Printup stat�d the question is how the Gity can work better with the Waterslled District. Printup noted the City Council has l�lked about th�t before and that is what concetns him with applications of this type. Levan�stat.ed Staff has been warking hard over the years to establish a good working relati�nship with the Watershed District. I,evang stated if someone looks at fhe flowage and c�venants,it u�as very clear what should have happened with the property and that the property owners should have realized it was their responsibility ta understand all the canservation easements and covenants and that the�rc�pert� owners shauld have been apprised of those things at the time they purchased the praperty. Levang stated the property owners need to understand exactly where their property boundaries are and that Staff has worked very l�ard to develop a strong relationst�ip with the Watcrshed District. Mack stated he does nc�t see this issue as a conflict with the Waterslied Uistrict. Mack stated the Planning Department has discussed this ve.ry thoroughiy and l�ave actually instituted some measures that will help prevent this froin happening in the future. Niack stated the changes have to do with the way landscaping occurs on a site and whether it is part of the original buildin�pe.rmit ar not. Ivlack stated those changes will help make sure ihe h�meowners are not caught in this type c�f situation in the future. Mack stated this situation invoived different contractors and a lack of clear understanding of what was on the survey. McMillan stated at times the develapers fail ta inform the property owners that certain areas have eovenants over them t�r fail to natify them af a�retlar�d buffer: McMillan stated it is very difficult far the avera�e person to understand how thase lines are formed siiice they are often detertnined by s�il types and that when the lots are sold,they are not always.marked. hRcMilIan asked for clarification on t.lie fee. Curtis stated a building pennit is re�uired for the wali exceeding faur feet iz�l�eight as i�ell as a zoning permit ft�r tl�e l�wer wall. Tlie zoning permit is a $50 permit and the building permit is a sliding fee based an the cost o#'the project. Curtis stated the double fee is for tlle after-the-fact permiis. VQTE: Ayes 4,Nays 0. Mattick noted this application will be brought back before the City Council at the time a plan is finalized wiih the Watershed District, Page 8 of 15