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 9 of 19 3. #15-3707 – AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS – ORDINANCE NO. 139 (continued) McMillan asked if Staff sees five feet as a problem. Gaffron stated the Code talks about what is considered a public road and that prohibition of items within the dedicated right-of-way or ten feet on either side of a paved road has been in the Code for decades. Gaffron stated he is not sure if five feet is better but that there might not be sufficient room to park a car on the side of the road if there is only five feet. Gaffron stated Staff will not require something be removed if it has existed for some period of time and is not currently an issue, but that this would prevent it from happening in the future. Edwards stated Staff will look at a plan to see what materials are being proposed for use and to determine the type of impact it will have if a vehicle hits it or if there is a utility located underneath it. Edwards stated nine times out of ten it may not be a problem, but that the ordinance at least gives Staff the opportunity to review it before it is put in that area. McMillan stated something should be included in the City’s newsletter about right-of-ways and what is allowed in that area. McMillan noted the City has received questions from people about whether they are required to fix culverts. Printup indicated he is okay with the ten feet since it has been on the City’s books for decades but that he is struggling with requiring the five feet on small lots, especially if they are only talking about a 2-foot flower bed. McMillan indicated she is okay with 20 cubic yards. Printup stated he would also be okay with the 20 cubic yards. Walsh stated he can live with the 10 feet in the front yard but that he has an issue with the five feet for the side yards since it really limits the ability of someone to utilize their land if they have a small lot. Mayor McMillan asked for public comments. There were no public comments regarding this item. Levang moved, Printup seconded, to adopt ORDINANCE NO. 139, Third Series, an Ordinance Amending Section 78-1405 of the Orono Zoning Code Regarding Retaining Wall and Landscape Structures as a Non-encroachment, subject to revising the ordinance to reflect 20 cubic yards rather than 10 cubic yards. Printup asked if she would entertain two feet from a lot line. Levang stated she would stick with the five feet. McMillan stated given the possible drainage issues, it should probably be left at five feet.