11-09-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 11 of 17 Schoenzeit stated the number of trunks is irrelevant and perhaps they should adjust it to take into account the blocking factor of the trees. Schoenzeit stated if the living wall is blocking more than 50 percent of the view, then it should be considered a nuisance. Landgraver stated he would propose a height limit of six feet tall to help manage it. Landgraver stated it is likely the City will have to hire someone to measure the trees. Schoenzeit stated a nuisance is also the number of trunks, but if the stand of trees is mature and full, the mitigation should be the height. Schoenzeit stated if someone removed every one out of three trees, the view could still be mostly blocked and unimproved. Schoenzeit stated in his view the mitigation in that situation is not sufficient, but if they are cut down to six feet, it would be improved. Barnhart stated with the last version, a number of trees was not listed, and based on past direction, he started with three trees. Barnhart asked if it is the expectation of the Planning Commission that a group of three pine trees will get cut down at six feet. Schoenzeit stated it depends on the blockage. Barnhart stated that is where it gets fuzzy and that he has to write an ordinance that defines a living wall. Barnhart indicated there is a fine line between a living wall and trees that block visibility, and that even if the City does nothing, there will still be people out there that will plant trees based on their own goals regardless of their relationship with their neighbor. Barnhart stated there are also situations where trees are planted by nature or where someone stops maintaining them. Barnhart stated if the intention is to impact their neighbors or someone did not really think about the impacts, this ordinance will fix that, but if someone is looking for loopholes, they will find a loophole. Barnhart stated the ordinance is very challenging from an enforcement standpoint and that he would be cautious about being more aggressive on this type of ordinance. Barnhart stated if they look out in their neighborhoods, they would likely find a living wall pretty quickly even if it was unintentional. Barnhart stated he wants to avoid people coming in for a variance related to landscaping.