08-14-2017 Council Packet - Laserfiche WebLink

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Council MINUTES OF THE Exhibit D ORONO CITY COUNCIL MEETING 17-3953 Monday March 13, 2017 7:00 o'clock p.m. 13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON -ENCROACHMENTS — ORDINANCE - Tabled Barnhart stated this is a proposed draft ordinance regulating non -encroachments, which allows for structures to encroach into required setbacks, such as fireplace chases or eaves on buildings, but it also includes certain improvements that can be made in the required setback area. In 2015, the City drafted an ordinance that regulated retaining walls based on their height, based on the amount of soil they retained, and based on their location to the setbacks. Barnhart noted the Mayor has suggested the Council review the ordinance from the standpoint of its impact on small lots. Barnhart stated retaining walls are fairly common on small lots because the lots themselves are so relatively small that retaining walls are needed to help maximize the use of those properties. The draft ordinance allows for low improvements or low structure. Barnhart noted a structure is considered anything that is built or improved such as low retaining walls, flower beds, planter beds, or stones that help define an edge. The draft ordinance allows those structures to be located in a required yard without a permit. In addition, the proposed ordinance removes the grading component associated with the 2015 ordinance. Grading is addressed in the shoreland regulations and land alteration sections of the City Code. The draft ordinance also removes the conditional use permit requirement for `unusual land alterations'. Unusual land alterations would be excavations that are deeper than normal for homes or encompass a larger than normal area. Barnhart noted the City Engineer would review the grading plan associated with the project but it would not require a conditional use permit. The draft ordinance also has any references to rip -rap removed since the City refers all rip -rap inquiries to the Lake Minnetonka Conservation District. Barnhart noted the Planning Commission reviewed this draft ordinance at their February meeting and at that time they reviewed two options. One option addressed the retaining wall/planter issue and the second option addressed that issue and also included other opportunities to clarify the code and processes. The Planning Commission recommended approval of Option B. 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. Page 1 of 3