11-16-2015 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2015 6:30 o'clock p.m. Schoenzeit stated trimming it back to six feet would be enough to help mitigate it but removing every third tree would not be. Barnhart stated when the City is in the process of enforcing the ordinance, some type of guidance has to be given. Schoenzeit stated there are hundreds of examples of this in the City and that they need to know what the intention of the living wall is. Schoenzeit stated in his view taking out every third arborvitae is not going to mitigate this nuisance. Barnhart stated a living wall is defined in a specific way in the ardinance and the property owners will be advised what they need to do to ensure it is not a living wall. Barnhart stated he does recognize there will always be some visual impacts for property owners who choose to plant a tree in the 0-75 foot zone. Barnhart stated if the Planning Commission has some specific recommendations for enforcement, those can be incorporated. Schoenzeit stated currently there are neighbors feuding over this and that the City has an obligation to fix things, but if the nuisance enforcement does not have sufficient strength,the City will not solve anything. Lemke asked if he would have to trim the tree down to six feet if it grows over six feet and is located in the 0-75 foot zone. Barnhart stated the height, spacing, and the number of trees in a row defines a living wall and that trimming the tree down to six feet would be one way to mitigate that. The property owner could also increase the spacing or reduce the number of trees. Schoenzeit stated the goal is to create a view by breaking down a living wall, and the nuisance remedy has to be in maintaining the view that is opened by mitigating the nuisance. McGrann asked if the City has received any commentary related to non-lakeshore living walls. Page 28 of 44