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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />February 9, 2015 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 6 of 26 <br /> <br />(6. #14-3707 AMEND ZONING ORDINANCE TEXT: ADD LANGUAGE TO 78-1405 NON- <br />ENCROACHMENTS SECTION REGARDING RETAINING WALLS – SECOND REVIEW <br />continued) <br /> <br />Walsh stated to his understanding under the City Ordinance even one wheelbarrow full of dirt will require <br />permission from the City. <br /> <br />Gaffron stated technically that is true today. Gaffron noted the City Council recently approved an <br />increase in the amount of fill allowed within the 0-75 foot zone from 10 cubic yards, which is essentially <br />one dump truck load, to 50 cubic yards, which is approximately five dump truck loads to allow for top <br />dressing or maintenance of that area. Gaffron stated technically the City Code talks about any grading or <br />any fill from 0 cubic yards on up requiring an administrative permit. Gaffron stated depending on the <br />amount, it could require a conditional use permit. Gaffron stated Staff has to use some reasonableness in <br />determining whether an administrative permit or a conditional use permit is required since t here are things <br />that people do to merely maintain their yard but that technically the City does require a permit. <br />Walsh stated in his view there should be reasonable limits set that would cover 90 percent of the people <br />and that he does not want to penalize everyone and be over reaching. <br /> <br />McMillan stated the minor projects should not require a permit but that as the projects become bigger and <br />more impactful, then more limits should be set. McMillan stated the question is what those thresholds <br />should be, and that in her view it is not possible to have one size fit all. <br /> <br />Walsh noted that currently someone cannot dramatically alter the land. Walsh asked if the threshold <br />should be 0 to 10 cubic yards where someone would be allowed to do it, but then if there is a problem, <br />Staff will need to figure out how to handle it. Walsh stated if someone stands on someone else’s <br />property, that person is technically trespassing, and that when he installs an electrical substation, he is <br />required to have a minimal amount of clearance to work with that. <br /> <br />Walsh stated he could see the situation where the City allows up to a foot of height to do a wall or a <br />planter bed, but that there need to be at least two or three feet from the property line to allow someone to <br />maintain that without going into someone else’s yard. Walsh stated the City should set those types of <br />standards. Walsh stated on the narrow lots, if a person is required to leave five feet untouched on each <br />side, the lot becomes very narrow and that the person should have the right to use their property. Walsh <br />stated he would like to see it narrowed down somehow to address the 80 to 90 percent of the population <br />that follows the rules in order to give some leeway for the minor projects. <br /> <br />McMillan stated the City wants to have reasonable rules and only require permits on the more impactful <br />items. McMillan stated if the Council is comfortable in providing some thresholds that would give Staff <br />some idea on what would be allowed. McMillan stated currently 4-foot retaining walls are the threshold <br />for engineering. <br /> <br />Public Works Director/City Engineer Edwards stated that primarily relates to safety. <br /> <br />McMillan asked if that applies to the tiered walls.