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 5 of 26 (6. #14-3707 AMEND ZONING ORDINANCE TEXT: ADD LANGUAGE TO 78-1405 NON- ENCROACHMENTS SECTION REGARDING RETAINING WALLS – SECOND REVIEW continued) Gaffron stated the Council should also discuss the 10-foot retaining wall setback from a traveled right-of-way. The existing City Code talks about a 10-foot setback from the traveled roadway and states as follows: “Where traveled public roadways exist in a location not shown on the platting map, the right- of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface. The intent of that language in the proposed City Ordinance is to clarify that it is not acceptable to have retaining walls directly abutting the road right-of-way without City approval. Gaffron indicated Sketch C depicts a raised planter bed that is less than five feet. Gaffron stated the impacts would depend on the drainage and the individual site. Gaffron stated while everyone likely accepts the fact that they can have a 1 or 2-foot high retaining wall next to the property line, technically the City Code as drafted would not allow that. Staff requests the Council discuss the issues and provide Staff direction as to any desired revisions to the draft City Ordinance. Printup asked how retaining walls compare with fences in terms of setback from a property line. Gaffron indicated fences can be right up to the lot line but not over it, which raises some issues with maintenance. In addition, fences can be anywhere between three to six feet high. Gaffron stated it is likely the neighbor would let someone on their property to maintain a fence since they also have to look at it. Gaffron stated the issue with an accessory structure being five or ten feet from the property line is the height of the structure and the visual impacts that can have. Gaffron stated a fence can also be built so it does not affect drainage; whereas, a retaining wall will likely impact drainage McMillan asked what process would need to be followed if a retaining wall needs to be within five feet of the property line. McMillan asked whether that would require a variance under the proposed City Ordinance. Gaffron indicated it would require a variance and potentially a conditional use permit depending on the amount of land being moved and whether it is near the shoreline. McMillan asked if a retaining wall would be considered an encroachment if it needs to be constructed within the right-of-way. Gaffron stated there would likely be an encroachment agreement required, but that it could require a variance or a conditional use permit depending on where it is located. Gaffron indicated an encroachment agreement is something that Staff can do administratively, but if it requires fill, Staff would likely bring it before the City Council as either a variance or a conditional use permit request. Walsh asked if there is already something in the City Code about not allowing runoff into the neighbor’s property. Gaffron stated to the extent the person can avoid doing that, that would be desired, but that the City Code says whatever drains off a property should not impact the neighbors.