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MINUTES OF THE <br /> ORONO PLANNING COMISSION MEETING <br /> Monday,March 18,2013 <br /> 6:30 o'clock p.m. <br /> Gaffron indicated the City at this point does not regulate that. Yard lighting is contained in the non- <br /> encroachment section of the code. The direct source of the light must not be visible from the right-of-way <br /> or adjacent residential property. A similar standard exists in Section 78-566. Gaffron stated there might <br /> be a push in the future to have a dark sky ordinance. <br /> Schoenzeit noted violations with lighting are normally only enforced when there is a complaint. <br /> Berg asked if the monuments with lights on top have to adhere to this section or a different ordinance. <br /> Curtis indicated those would be covered under the monument ordinance. <br /> Gaffron stated as it relates to retaining walls, Staff does not feel they fall under the non-encroachment <br /> terraces contained in Section 78-1405. Staff feels that retaining walls are different from terraces. Such <br /> walls are regulated in other sections of the code and lakeshore retaining walls require a conditional use <br /> permit. <br /> Schoenzeit noted the Planning Commission has discussed if retaining and terraces should be allowed to <br /> encroach. The word terraces only implies a flat patio and that the City should include the allowed <br /> terracing wall that creates a negative space. <br /> Gaffron stated he does not disagree with that and that the question is whether retaining walls should be <br /> listed. Gaffron indicated he will research other cities' codes to see how they deal with retaining walls and <br /> terraces. <br /> Landgraver asked if they are limiting it to an accessory structure that's relevant to the use of the structure. <br /> Schoenzeit stated if you are on the low side of a property line,you may install a terrace and a terracing <br /> wall to gain some useful space even if you encroach into the setback. Schoenzeit stated that is a normal <br /> use and should be allowed in the Code. If you do not like retaining walls that encroach, a terracing wall is <br /> something that is typically more acceptable. <br /> Landgraver stated it perhaps should be stated that these things are allowed. <br /> Gaffron stated lawn sprinkler systems are regulated by city and state codes and deal primarily with the <br /> plumbing associated with the sprinkler system. The City does issue permits for sprinkler systems and the <br /> main issue that needs to be watched out for is that they are not run through the septic system. <br /> Schoenzeit asked if the City distinguishes between sprinkler systems that are connected to a private well <br /> versus the lake. <br /> Gaffron indicated the City does not. Gaffron indicated the City's permit talks about lake,well, city, or a <br /> pvb, make, model and year of manufacture, and hydraulic calculations. Gaffron stated there does not <br /> appear to be much code behind the permit but that it does address some logical questions. <br /> As it relates to driveways and sidewalks, it is Staff's feeling that people should be allowed those items but <br /> that perhaps the City should consider establishing a 5-foot setback to adjacent resident properties rather <br /> than rely on the existing prohibition of grading within 5 feet of the lot line. It is questionable whether it <br /> Page 22 of 24 <br />