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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,October 19,2015 <br /> 6:30 dclock p.m. <br /> Barnhart stated with the last version, a number of trees was not listed, and based on past direction, he <br /> started with three trees. Barnhart asked if it is the expectation of the Planning Commission that a group of <br /> three pine trees will get cut down at six feet. <br /> Schoenzeit stated it depends on the blockage. <br /> Barnhart stated that is where it gets fuzzy and that he has to write an ordinance that defines a living wall. <br /> Barnhart indicated there is a fine line between a living wall and trees that block visibility, and that even if <br /> the City does nothing, there will still be people out there that will plant trees based on their own goals <br /> regardless of their relationship with their neighbor. Barnhart stated there are also situations where trees <br /> are planted by nature or where someone stops maintaining them. <br /> Barnhart stated if the intention is to impact their neighbors or someone did not really think about the <br /> impacts,this ordinance will fix that, but if someone is looking for loopholes, they will find a loophole. <br /> Barnhart stated the ordinance is very challenging from an enforcement standpoint and that he would be <br /> cautious about being more aggressive on this type of ordinance. Barnhart stated if they look out in their <br /> neighborhoods,they would likely find a living wall pretty quickly even if it was unintentional. Barnhart <br /> stated he wants to avoid people coming in for a variance related to landscaping. <br /> Schoenzeit stated he would encourage the Planning Commission to go forward with the ordinance even <br /> though not all situations will be resolved. <br /> Lemke stated he has a concern with grandfathering or not grandfathering. Lemke stated he planted trees <br /> along the side of his yard that are now 20 feet ta1L Lemke asked if the City is going to require him to cut <br /> them down to six feet. <br /> Schoenzeit stated someone would need to lodge a complaint. <br /> Lemke stated if that happens, he is going to be pretty mad. Lemke asked if the City can retroactively put <br /> an ordinance in. <br /> Barnhart stated in working with the City Attorney, this is the approach they arrived at, which was to come <br /> at it from a nuisance standpoint. Barnhart noted the living wall would need to be located within the <br /> average lakeshore as defined in the ordinance. Barnhart stated if the City receives a complaint and it is <br /> determined to be a living wall, mitigation could include removing one or more trees. <br /> McGrann stated he agrees with Commissioner Lemke, and that out of 100 times that this has happened, <br /> perhaps only three or four are intentional. McGrann commented they could be opening up Pandora's <br /> Box. <br /> Schoenzeit stated there could also be a number of people who are impacted and are getting no relief. <br /> McGrann asked if he can call the City and say Bruce's trees are a nuisance even though he does not live <br /> next to him. <br /> Barnhart stated anyone could complain as the ordinance is currently written. <br /> Page 25 of 29 <br />