11-09-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 4 Leskinen asked if there is a prescribed width of the living wall that would trigger this. Barnhart stated that is not being proposed but that could be added if the Planning Commission desired. Leskinen stated that would help clarify what a living wall is. Schoenzeit noted arborvitaes also grow in other directions, and when they are on the property line, they are growing into the neighbor’s yard and essentially taking their property. Barnhart stated this is regulating the screening characteristics and that the ordinance does not cover that. Schoenzeit noted an existing living wall would be allowed to be grandfathered and replaced. Schoenzeit stated in his view it would be just like someone rebuilding a new house and having a clean slate. Schoenzeit stated the goal should be to get rid of these. Barnhart stated the City would look at it as a nuisance primarily and it would not necessary be grandfathered in. Staff did look at it from a regulatory standpoint but discarded that. Berg asked whether it can be replaced if it exists now and it dies. Barnhart stated it could not be replaced. Barnhart stated there is a distinction between a nuisance issue and a nonconformity. Barnhart stated the ordinance is not regulating where the trees can be and provides a distinction between a living wall and what is naturally growing. Thiesse asked whether the living wall can be past the 75-foot setback or the average lakeshore setback. Barnhart stated it would be the 75-foot setback. Schoenzeit stated if the City does not have some firmer rules, it may come down to neighbor arguing with neighbor. Schoenzeit noted Council Member Walsh has said that the City forces neighbors to fight and bring litigation because the City is not helping, and anything the City can do to help this, he is in favor of. Thiesse stated his preference would be to include the average lakeshore setback and to have the spacing s be two times the width or five feet on center with an opening of only a few inches. Berg asked if there are a lot of complaints about this. Barnhart stated there are a fair number of them and that he sees the potential for more. Thiesse asked if the glare definition would also cover reflective light. Thiesse stated reflective light would likely not reach the limit on the meter but it could still be an annoyance. Barnhart stated it would not be covered in the ordinance and that the line has to be drawn somewhere. Barnhart stated the glare would be measured by a light meter. Chair Leskinen opened the public hearing at 11:42 p.m.