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To: Chair Thiesse and Planning Commission Members <br />Doug Reeder, Interim City Administrator <br />From: Jeremy Barnhart, Community Development Director <br />Date: July 17, 2017 <br />Subject: #17-3953, City of Orono, Text Amendment: Land Alteration <br />Public Hearing <br />Application Summary: The draft ordinance amends the regulations for non -encroachments in <br />the lake yard. <br />Staff Recommendation: Planning Department Staff seeks direction on the ordinance as <br />drafted. <br />Background <br />In March 2017, the Council enacted an ordinance that altered the regulations for retaining <br />walls, planters, and similar structures. The amendment allowed retaining walls, planters and <br />similar structures in all required yards when all of the following conditions are met: <br />1. The structure is located at least ten feet from the edge of the traveled roadway; <br />2. The structure is not located within a drainage, utility, or other easement, except <br />upon approval in writing for an encroachment agreement by the city; or similar <br />approval from another regulatory and/or utility agency; <br />3. The structure creates no impacts to drainage direction, rate or volume for <br />adjacent properties. <br />4. The structure is 2 (two) feet in height or less above existing grade. <br />Retaining walls, planters, and similar structures has been interpreted to include planter/ <br />landscaping edging of stone, wood, and plastic, boulder fire rings, and boulder lot line <br />demarcation. It has been noted that residents have commonly placed these features in the lake <br />yard with minimal visual or hardcover impact. Retaining walls are not included in the hardcover <br />calculations. <br />If the Planning Commission or Council desires to prohibit these features, including landscape <br />planter edging, boulder fire rings, and similar in the 75' lake yard, then an amendment is in <br />order, as "all required yards" includes "lake yards". The draft ordinance in exhibit A will clarify <br />the issue. As with any amendment, any existing retaining walls, planters, and similar structures <br />are considered non -conforming, and are permitted to remain. <br />List of Exhibits <br />Exhibit A. Draft Ordinance <br />Council <br />Exhibit C <br />17-3953 <br />