02-09-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING February 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 26 6. #14-3707 AMEND ZONING ORDINANCE TEXT: ADD LANGUAGE TO 78-1405 NON- ENCROACHMENTS SECTION REGARDING RETAINING WALLS – SECOND REVIEW Gaffron noted at the January 26 meeting the Council questioned whether the 5-foot setback from a side or rear lot line for retaining walls was necessary and whether it would apply to low structures such as timber-cribbed planter beds or low decorative terrace walls. The Council requested Staff provide additional information on the impacts of this City Ordinance amendment and tabled the matter. Gaffron noted other cities’ codes regarding construction of retaining walls are widely varied and that a number of them do not require any permit for those less than four feet in height. Others, similar to Orono, require a land alteration permit for walls less than four feet high. For retaining walls at or above four feet in height, Orono requires engineering and a building permit, which appears to be common among cities. In addition, some cities require a permit for those less than four feet in height if they support fill above the wall. The sections of the City Code that establish a 5-foot setback evolved over time and have to do with land alteration. Gaffron indicated those sections can be confusing and difficult to interpret. Gaffron stated items or activities that are typical of any retaining wall installation are typically prohibited, but there are some exceptions that are allowed for normal and customary grading in the area of an existing or newly constructed building or any earth movement under 500 cubic yards which does not adversely impact the existing drainage. The City Code also talks about those exceptions having the characteristic of an unusual land alteration and requiring a conditional use permit. Gaffron stated there were a number of things that were defined over the years as being unusual land alterations. One of them was grading or alteration that would propose any changes in elevation within five feet of an adjacent residential lot line except for drainage swales and ditches. The result of that is the City Code contains language stating that someone is not allowed to conduct grading within five feet of the lot line. Gaffron indicated Staff also looked at the definition of a retaining wall since one of the questions asked by the Council was whether a retaining wall should be defined. Staff’s report contains a number of different dictionary definitions and they basically talk about a wall that is built to resist lateral pressure other than wind pressure or to prevent earth or water from moving forward. In addition, the Council questioned whether a raised planter bed would be considered a retaining wall. Gaffron indicated Sketch A shows a retaining wall that is on the upside of the lot line with a 5-foot setback. Gaffron stated when the retaining wall is above the property next door; it needs to be maintained at some point in the future and the ability to maintain it without going on the adjoining property may not be possible without a 5-foot setback. Retaining walls also need to be designed and located so as to not impede the drainage along the property lines and across adjoining properties, which is another reason for a 5-foot setback. From a safety perspective, retaining walls need to be located so as to not create unsafe conditions for neighboring properties. Sketch B depicts a retaining wall located below the property boundary and is probably not as critical as the situation depicted in Sketch A in terms of the safety aspect. Gaffron stated with a 5-foot setback, it is unlikely that someone will be walking in that area. Gaffron stated visually retaining walls can have the same impact as an accessory structure by limiting sightlines. Gaffron noted the City currently allows a 4-foot retaining wall without engineer review, but a retaining wall that is higher than that needs to be reviewed by an engineer.