09-19-2016 Planning Commission Packet

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� MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 15,2016 6:30 o'clock p.m. ROLL CALL The Orono Planning Cominission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Denise Leskinen, Loren Schoenzeit, and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Dennis Walsh was present. Council Member Levang arrived at 8:12 p.m. Chair Thiesse called the meeting to order at 7:09 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 18,2016 Schwingler moved, Schoenzeit seconded,to approve the minutes of the Orono Planning Commission meeting of July 18, 2016, as submitted. VOTE: Ayes 4,Nays 0. 2. #16-3848 PETER W.JOHNSON ON BEHALF OF MICHAEL AND JANELLE SCHIELDS,364 WESTLAKE STREET, AFTER-THE-FACT CONDITIONAL USE PERMIT, 7:11 P.M.—7:18 P.M. Peter Johnson, Attorney-at-Law, was present. Gaffron stated this property is located at the end of Westlake Street. The applicants are requesting after- the-fact approval of a conditional use permit for a 4-foot high retaining wall located less than two feet from the side lot line and within a dedicated drainage and utility easement. Gaffron displayed the original plan for the retaining wall. The wall as constructed is approximately 80 feet in length and was constructed by the owners' landscapers but was not installed according to the approved site plan. The original plan called for a two-tier wall system located more than five feet from the lot line. In regards to the drainage, Staff does not believe that is an issue. The adjoining neighbor to the immediate west has stated to the applicant that the retaining wall as constructed does not affect him and that it may serve to reduce drainage onto his property, which he views as positive. If the City Council approves the conditional use permit, the property owners will be required to enter into an encroachment agreement with the City, to be filed with the title of the property. The encroachment agreement notifies the property owner that the City has the right to remove the retaining wall should the easement area ever been needed. Gaffron displayed photographs of the retaining wall and adjoining area. Staff has reviewed the wall as constructed and observed its relationship to the driveway and neighboring property. The approved plan had the wall directly abutting the edge of the driveway, which is allowable by code but creates a less-than-perfect safety condition by creating an immediate drop-off that leaves no room for driver error. While the wall was not constructed according to the approved plan, it serves the Page 1 of 21