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 14 of 17 Landgraver noted some citizens have asked the City to do something about this and that the City Council directed Staff to take a look at it. Landgraver stated in his view the Planning Commission has a concern about whether it should be grandfathered or not. Schoenzeit stated if existing nuisance conditions are grandfathered, this is a waste of time, but at the same time it is a difficult position to put the City in because there are many residents who are then stuck duking it out on their own. Schoenzeit commented he is not sure whether the City is throwing a weight or a lift raft at these situations, but that grandfathering would gut the ordinance. Lemke and McGrann indicated they disagree with that. Schoenzeit stated simply because the material changes and is not a fence, the abuse can go wild. In addition, a fence would stay in the same position but a living wall would grow and expand. Schoenzeit stated the particular walls that are being focused on are the arborvitaes and that perhaps the ordinance could be more narrowly focused since they are not talking about spruce trees that are 20 feet apart. Barnhart agreed the majority of the complaints relate to arborvitaes. Barnhart noted the earlier draft had much closer spacing but it was widened based on Planning Commission feedback. Barnhart stated the Planning Commission could table the draft ordinance and Staff could review it a little bit more. Barnhart stated he is not sure what the solution is, but that it appears the main issue is the nuisance and whether the trees/shrubs should be grandfathered. Another option is the Planning Commission could move forward with that being a strong concern. Staff could work with the City Attorney on it and present the challenges or reasons or responses to those challenges to the Council. Landgraver stated he would like to advance it and that there will never be a perfect solution. Landgraver stated there might be something responsive to the citizens that is enforceable but that there likely will be some negative feedback from the residents. Schoenzeit stated there is value and concerns with the ordinance and that he would suggest Staff ask the City Council how they would like to resolve it. Schoenzeit stated even if someone is in favor of it, it is apparent it will have negative connotations and would be difficult to enforce.