01-26-2015 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 26, 2015 7:00 o’clock p.m. ____________________________________________________________________________________ Page 3 of 14 5. #15-3707 AMEND SECTION 78-1405(a) (5) TO CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS – ORDINANCE NO. (Tabled) Gaffron stated this is a change to the list of allowed non-encroachments on yard requirements in the City Code. The clarification states that retaining walls cannot be closer than five feet from any side or rear lot lines, cannot be closer than ten feet from the traveled right-of-way, and cannot be installed within an easement area. Gaffron stated because of some potential confusion and because it is not currently in the non- encroachment section, Staff would recommend it be added. Gaffron stated essentially the new ordinance section states that “No retaining wall of any height shall be located closer than five feet from any side or rear property line, never fewer than ten feet from the edge of a traveled roadway, or placed within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the City or similar approval from another regulatory and/or utility agency.” McMillan noted she attended the January Planning Commission meeting when this item was discussed and that some of the discussion revolved around the fact that the City requires a permit for a 4-foot higher retaining wall. Gaffron stated a 4-foot or higher retaining wall requires engineering. McMillan asked if somebody can construct something below that. Planning Coordinator Curtis indicated it would require a zoning permit. McMillan asked if a 2-foot high boulder wall would require a permit. Curtis stated it is associated with the grading permit. Curtis stated the City’s permit form for a zoning permit has several line items that need to be filled out and that the land alteration permit has a $50 permit fee. The person would also need to indicate on the permit application whether they are going to construct a retaining wall or other structure. McMillan asked if a raised garden bed would need a zoning permit if it is less than four feet. Curtis stated the City Code threshold is 0 to 500 cubic yards and that nowhere in the City is there a low threshold of one yard or ten yards. Curtis indicated Staff does use discretion when people call and ask about planting a garden or planting trees or moving some dirt around to level for sod, and in some cases will consult with the City Engineer to see if it really requires a permit. Since the City Code does have a zero cubic yard threshold, any earth movement technically requires a zoning permit. McMillan stated that was one of the issues a Planning Commissioner had with the change. McMillan asked at what point it becomes a retaining wall versus a decorative wall. Curtis stated technically a 1-foot wall would be holding soil, but it is not a retaining wall that requires an engineer design.