03-22-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday March 13,2017 7:00 o'clock p.m. 13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON -ENCROACHMENTS — ORDINANCE - Tabled — Continued - Printup stated he was okay with the ordinance but since it was a code item, he thought it should be discussed briefly. No public comments were received. Walsh stated the draft ordinance starts out with retaining walls and planters. Walsh questioned whether it should say retaining walls, planters, and any other hardcover component so it is all encompassing. Walsh stated that would cover bricks outlining a tree. Walsh stated the current language seems to be very narrow. Walsh noted that language would need to be added under 5. 1, (a), and 4(c) to make it all consistent. Walsh stated he also has a question on why 4(b) is in the draft ordinance at all. Walsh stated if the retaining wall exceeds two feet in height, a person would need to get a permit. Walsh asked whether that is already built into the ordinance. Barnhart noted retaining walls require a permit at four feet and what the ordinance is saying is someone can have a retaining wall in the required side yard but a permit is required at two feet or above. A permit is not necessary at two feet or less. Mattick stated he understands what the Mayor is saying. Mattick stated a lot of times Staff will get asked where it states that, so it can be added. Mattick stated as it relates to retaining walls and planters, the original intent of the ordinance was to cover only two items. Mattick asked if the Mayor would like the ordinance to apply to any and all hardcover items. Walsh stated if someone has a brick or stone outline around a tree in the side yard, the ordinance would not cover it as currently drafted. Walsh stated that is why he suggested adding the language, any other hardcover component. Walsh noted there would be four places where that would have to be added. Seals asked if the Mayor feels the language is too broad. Mattick stated he is trying to think whether that language would allow patios and decks. Mattick stated a patio could be less than two feet in height and that he is not sure whether that language should be in there. Barnhart stated the idea behind planters was that it would include planter beds or raised gardens, which are more of a defined space. Mattick stated it is hard to create a list to catch everything. Walsh stated he would rather on the side of more flexibility than to change the ordinance for two specific items. Walsh stated he could place stone pavers around his bushes and that might not be covered. Barnhart stated the language "similar improvements" would give some flexibility. Page 22 of 32