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 8 of 26 (6. #14-3707 AMEND ZONING ORDINANCE TEXT: ADD LANGUAGE TO 78-1405 NON- ENCROACHMENTS SECTION REGARDING RETAINING WALLS – SECOND REVIEW continued) Walsh stated in his view two to three feet would allow some room. Walsh stated as it relates to the 10- foot issue that could take up a lot of room on a narrow lot, and that people should know that if something has to be removed within the right-of-way, it has to be removed. Walsh stated he is not sure the City has to regulate the footage within the right-of-way any more than they currently do with the 5-foot. Gaffron stated the original language does not talk about front yards. Currently the City allows very few encroachments in someone’s front yard and that people are allowed to do more in their side or rear yards. The current City Code does not allow anything in the front yard that encroaches. Gaffron stated it is likely there will be a situation where someone would like to construct a retaining wall in their front yard and that the City Council should discuss that. Gaffron stated if it is in the right-of-way, an encroachment agreement will be required. Walsh stated if the City starts regulating all kinds of planter boxes and stepping stones, that does not seem reasonable. McMillan noted oftentimes the road is not exactly in the middle and that it can vary, which is another factor. McMillan stated the City needs room for snow plowing and storage and that she would like the Council to look at the right-of-way issue a little further. McMillan stated she is not sure at this point whether ten feet is too much. Walsh stated if someone is permitted to plant a bush within the right-of-way, it can get into the issue of why can I do this but not this. Walsh noted he has hedges that are five feet high right on the street, which he is allowed to do. McMillan stated if something is in the right-of-way, a utility company could remove it if necessary and that a retaining wall is more of a permanent structure than a bush or hedge or tree. McMillan stated retaining walls also tend to be more costly than a shrub or a tree. Walsh stated the homeowner is taking that risk and that they should be aware of that risk. McMillan stated the City needs to do whatever is necessary to plow the snow. Walsh suggested the City Council look closer into what type of setback is necessary in the right-of-way. McMillan stated the question is what the thresholds should be that trigger an encroachment agreement. McMillan noted people will use boulders as a decorative feature and they are not designed for retaining the dirt. Walsh stated if the standard is set too low and it causes problems, the City can request it be removed or relocated. Walsh stated in his view the City needs to set up a standard to start with.