01-21-2020 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 46 Ressler said there is an exhibit showing the fence that is now placed is similar or the same to the previously placed fence. He is not sure when the previous CO was issued if that fence was placed at that time or not. Curtis said the fence was not shown on the previous survey. There was a fire, activity in the rear yard related to the fire, and then reconstruction. A permit is not required to construct a fence; however, there are regulations for them. Staff noted it at the time of the second home's construction, at the CO request. Ressler asked whether the Conservation Easement had changed. Curtis said it had not. Curtis, using a drawing, showed the request to have the Easement reduced by 10 feet so the fence and all improvements meet the 10-foot setback. She indicated the 10-foot setback from the Easement; the fence is approximately 4 1/2 feet inside the Easement area. Thiesse asked if the pergola was a gateway into the Easement area. Curtis confirmed that it was. Gettman asked if the gate’s door leads to the path that's at the bottom of the Conservation area. Curtis indicated it leads to the Conservation Easement area. Ressler said he did not know if it made a difference as to whether or not the Commission would approve or deny whether it does or does not lead into the Easement. Gettman stated he is looking at a bigger view instead of just a drawing. Libby asked if there was anything more definitive as to the nature of the Conservation Easement, if it is a delineated wetland or has some other intrinsic natural aspect. Curtis concluded summary of the packet memorandum. Libby commented it is likely a contemporary Easement because of the development’s timeline. Curtis stated it is very new. Bollis asked if the fence is allowed within the 10-foot setback. Curtis said technically no improvements are allowed within the setback area in order to protect that area. The City does not want people to build right up to the area because it encourages encroachment. The 10- foot setback requirement was placed in the development contract; it's not part of the Easement.