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 9 of 26 (6. #14-3707 AMEND ZONING ORDINANCE TEXT: ADD LANGUAGE TO 78-1405 NON- ENCROACHMENTS SECTION REGARDING RETAINING WALLS – SECOND REVIEW continued) McMillan stated in her view there are a few separate issues to deal with and they include the right-of-way, property lines, possibly reducing the setback to two to three feet, and a limited height for a planter wall or retaining wall. McMillan indicated she is inclined to allow a structure less than two feet in height to be located two to three feet from the property line. Printup stated as long as it does not impact the runoff to the neighbor’s property. Walsh noted that is already covered in an existing City Ordinance. McMillan stated in her view it does not hurt to explain that in the new City Ordinance as well. Gaffron noted Staff does not know what people are doing if they are not required to obtain a permit for something, such as a fence. Gaffron asked whether someone should obtain a permit for something that meets these standards. Gaffron indicated he is okay with the idea that a person can do certain things without a permit, but that there should be a threshold set for when an administrative permit is required or a variance. Walsh stated it could also impact hardcover. Gaffron stated that is correct. Gaffron stated the amount of fill or grading should also be considered. Mattick stated the City wants to be accommodating but that something as simple as a retaining wall could take someone over on hardcover. Mattick stated if there is no City review, the property owner may not realize that. Walsh asked if retaining walls still count towards hardcover. City Planner Curtis stated they need to be beyond the 75-foot setback. Walsh noted anything within the 0-75 foot zone would need to come before the City Council, which would cover the issue with the hardcover. Walsh stated the Planning Commission approved the draft City Ordinance 6-1 and that he was in attendance at that meeting. Walsh stated in his view it is important to see someone discuss applications like this and the passion that they have when they are talking about it. Walsh stated videotaping the Planning Commission meetings would allow that. Gaffron stated Staff will draft something for the Council to review in a couple of weeks based on tonight’s discussion. Levang moved, Cornick seconded, to table Application No. 14-3707, Amend Zoning Ordinance Text: Add Language to 78-1405 Non-Encroachment Section Regarding Retaining Walls. VOTE: Ayes 5, Nays 0.