11-16-2015 Planning Commission Packet

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2015 6:30 o'clock p.m. Lemke stated if that happens, he is going to be pretty mad. Lemke asked if the City can retroactively put an ordinance in. Barnhart stated in working with the City Attorney, this is the approach they arrived at, which was to come at it from a nuisance standpoint. Barnhart noted the living wall would need to be located within the average lakeshore as defined in the ordinance. Barnhart stated if the City receives a complaint and it is determined to be a living wall, mitigation could include removing one ar more trees. McGrann stated he agrees with Commissioner Lemke, and that out of 100 times that this has happened, perhaps only three or four are intentional. McGrann commented they could be opening up Pandora's Box. Schoenzeit stated there could also be a number of people who are impacted and are getting no relief. McGrann asked if he can call the City and say Bruce's trees are a nuisance even though he does not live next to him. Barnhart stated anyone could complain as the ordinance is currently written. Lemke stated in his view the City is asking for trouble if they have an ordinance that is difficult to enforce. Lemke stated if the ordinance makes a lot of people upset,he is not sure the City should pursue it. Landgraver asked if Commissioner Lemke is suggesting grandfathering the trees or whether he is against the ordinance. Lemke stated he is suggesting grandfathering the trees. Lemke noted that then raises the question of how the City would know the trees are grandfathered. Lemke stated he is not sure how the City would regulate that. McGrann stated he has no problem moving forward with being more restrictive on living walls but that in his view the retroactive piece is going to be difficult to determine. Page 38 of 44