11-09-2015 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION DATE: 9 November 2015 ITEM NO: 11 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: #15-3784, City of Orono Text amendment regulating living walls _____________________________________________________________________________________ List of Exhibits Draft Ordinance Planning Commission packet dated October 19, 2015 Planning Commission packet dated September 21, 2015 Planning Commission draft minutes 9/ 21 and 10/ 19 Abatement process Lot example Purpose. The City has received a number of complaints regarding trees and landscaping placed so as to block view into area lakes. The draft ordinance defines living walls, and establishes the same as a nuisance. Background. The city has a long history of protecting the lake views of lake shore property by regulating the average lake shore setback since 1974. The Planning Commission feel that landscaping can have the same effect on blocking lake views as structures and buildings. The proposed ordinance defines living walls as 3 or more evergreen plants 6 feet or more in height placed in such a manner that their spacing is equal to or less than the width of the plant. The maintenance of a living wall in the average lakeshore setback is a nuisance, and may be abated following the abatement procedure outlined in section 70-5, attached. Staff feels that plants placed to block views of the lake are best treated as nuisances from a mitigation standpoint, because existing trees that are a living wall could remain in perpetuity, and could be replaced when deceased, not addressing the complaints received. The education, enforcement, and mitigation of these nuisances may be time consuming and with a marginal effect. Planning Commission discussion. The Planning Commission has discussed this item at both the September and October Planning Commission meetings. Their recommendation of support is primarily a statement of agreement that a problem exists, but there was no consensus as to the best remedy. Commissioners recognized the complexity of regulating living landscaping in our rural community. Commissioners had issue that a property owner could influence their neighbors landscaping through the process of filing a complaint. COUNCIL ACTION REQUESTED: Council is asked to comment on the proposed Ordinance.