02-23-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 19 3. #15-3707 – AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS – ORDINANCE NO. 139 (continued) Gaffron stated until this piece of the code was misinterpreted last summer; it has not been an issue. Gaffron stated the City in the past has defined a retaining wall and the City Code scarcely addresses them. Gaffron stated this issue may have grown into something bigger than it needs to be, but that the City Council should go through some of the potential changes that can be made to the Code. One of the issues that have been discussed previously is the proximity of planter boxes and retaining walls to the property lines. Council suggested at the last meeting that a planter box up to two feet high and involving up to 20 cubic yards of fill be allowed as close as two to three feet from the side or rear lot line without a permit. Staff would be comfortable with allowing a 2-foot high wall or planter bed involving ten cubic yards as close as five feet from the lot line without a permit, but that in situations where there is less than a 5-foot setback, the wall is higher than two feet, and more than ten cubic yards of fill are involved, there should be an administrative permit. Staff’s reluctance to allow for less than a 5-foot setback without at least an administrative permit is that on narrow lots drainage can be a concern. Staff feels retaining walls and planter boxes need to be located and designed so as not to impede drainage between and across adjoining properties. In addition, while maintenance, safety, and visual impacts are less of an issue, they should be reviewed. Staff would also recommend that any wall or planter box to be located less than five feet from a property line or less than ten feet from the traveled roadway require an administrative permit to ensure review of the drainage and other potential neighborhood impacts and to determine whether a conditional use permit should be required. Another factor to consider is whether the retaining wall or planter box would be located in the shoreland. Gaffron stated shoreland regulations are pretty much the same in all cities and basically state that without a permit, someone is allowed up to 10 cubic yards on a steep slope or within the bluff impact zones without a permit and up to 50 cubic yards would be allowed outside of steep slopes or bluff impact zones. Gaffron noted Orono’s current code requires a permit to for that. In addition, current City Code functionally prohibits any amount of filling or earth movement without a conditional use permit. There is an exception to the conditional use permit requirement for earth movement of less than 500 cubic yards which does not adversely impact existing drainage, but this still requires a land alteration permit for such activity. Gaffron stated if up to 10 cubic yards is going to be allowed to be placed for low walls or planter beds without a permit, and then it follows than 10 cubic yards of fill should be allowed without a permit anywhere in Orono. Gaffron stated in order to make this code change, the City will need to publish and hold a public hearing as this change was not anticipated or published as part of the original retaining wall as a non-encroachment proposed amendment. Gaffron stated in regards to encroachments within road right-of-ways, this is addressed to a great extent already in the City’s Code. Currently the public road is considered by definition the public property between lateral lot lines, and when the street is not platted, includes ten feet either side of the actual paved or traveled roadway surface. City Code currently requires a permit for placement of any obstructions within a street.