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 12 of 17 Schoenzeit stated he would encourage the Planning Commission to go forward with the ordinance even though not all situations will be resolved. Lemke stated he has a concern with grandfathering or not grandfathering. Lemke stated he planted trees along the side of his yard that are now 20 feet tall. Lemke asked if the City is going to require him to cut them down to six feet. Schoenzeit stated someone would need to lodge a complaint. Lemke stated if that happens, he is going to be pretty mad. Lemke asked if the City can retroactively put an ordinance in. Barnhart stated in working with the City Attorney, this is the approach they arrived at, which was to come at it from a nuisance standpoint. Barnhart noted the living wall would need to be located within the average lakeshore as defined in the ordinance. Barnhart stated if the City receives a complaint and it is determined to be a living wall, mitigation could include removing one or more trees. McGrann stated he agrees with Commissioner Lemke, and that out of 100 times that this has happened, perhaps only three or four are intentional. McGrann commented they could be opening up Pandora’s Box. Schoenzeit stated there could also be a number of people who are impacted and are getting no relief. McGrann asked if he can call the City and say Bruce’s trees are a nuisance even though he does not live next to him. Barnhart stated anyone could complain as the ordinance is currently written. Lemke stated in his view the City is asking for trouble if they have an ordinance that is difficult to enforce. Lemke stated if the ordinance makes a lot of people upset, he is not sure the City should pursue it.