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 4 of 4 Barnhart stated in addition to the normal notification, the City could abate the nuisance if the property owner refuses to do so. Barnhart stated City Code provides better mechanisms and more pronounced mechanisms to address nuisances than the zoning ordinance. Barnhart stated the challenge in the past from an enforcement standpoint has been the vagueness of the ordinance and not being sure what glare means. Landgraver asked if the City would do the same thing with a living wall. Barnhart stated the City could cut the living wall down and that they do the same thing with tall grass and debris. Barnhart stated that is a drastic step but if it has been identified as a nuisance, the City can go in and fix the property and bill it back to the property owner. Schoenzeit stated if the neighbor is told a living wall meets the nuisance and it is cut down, what would happen if he uses the same hole to plant a different species. Barnhart stated from a proposal standpoint, he did not want to go full speed ahead and regulate all types of landscaping. Barnhart stated it is a fine line and that Orono values the trees and landscaping but he did not want to start regulating all types of landscaping. Schoenzeit stated the lake is special and it is bold of the City to do this ordinance. Barnhart stated if trees are planted in such a way that the apparent attempt is to screen someone’s view of the lake, the person is going to choose an evergreen because then they would get the benefit year-round and they are not likely to screen the neighbor’s view by planting deciduous trees. Barnhart indicated he tried to draw a balance. Barnhart stated as it relates to the lighting concerns, lighting offers security, beauty and other things, and that he attempted to draw the line as measureable at the property line. Barnhart stated everyone should have the ability to have security lighting on their property and that he does not want to take that right away. Barnhart stated he is attempting to balance those goals. Landgraver stated the spacing for the living wall needs to be twice the width of the plant. Thiesse stated someone’s view could be impacted when the trees or shrubs are staggered as well. Leskinen stated given the lateness of the meeting, she would suggest tabling the application, which would also allow Staff to tighten up the language. Landgraver moved, Thiesse seconded, to table Application No. 15-3784, City of Orono, Text Amendment Related to Definitions: Lake Yard Landscaping, Residential Lighting, and Living Walls. VOTE: Ayes 6, Nays 0.