01-26-2015 Council Packet - Laserfiche WebLink

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N ► Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: January 22, 2015 Item No. S Department Approval• Administrator Approval: Agenda Section: Name:Mike Gaffron Planning Title: Senior Plann Item Description: 14-3707 Amend Zoning Ordinance Text: Add Language to 78-1405 Non-Encroachments Section Regarding Retaining Walls List of Ezhibits: Exhibit A. Draft Ordinance Exhibit B. PC Memo and Exhibit dated 1/20/15 Summary of Request: This change to the list of allowed non-encroachments on yard requirements in Section 78-1405 adds a section clarifying that retaining walls cannot be closer than five feet from any side or rear lot line,nor located within an easement nor within 10 feet of a traveled roadway. Planning Commission Recommendation: On 1/20/2015 the Planning Commission held a public hearing and recommended adoption of the proposed code amendment on a vote of 5-1. The lone negative vote was based on an opinion that certain very low retaining walls should be allowed closer to the lot line than 5 feet. Staff Recommendation: Staff recommends approval of the ordinance as drafted. The land alteration section of the zoning code currently does not allow grade changes within five feet of a lot line. The non-encroachments section of the code needs to be amended by adding a similar provision with respect to retaining walls. Retaining walls have not previously been addressed in the non-encroachment section, yet are allowed to be constructed within required yards. This has resulted in confusion as to where retaining wa11s can be located. The amendment clarifies that retaining walls located in a side or rear yard have to be at least 5 feet from lot lines, and cannot be closer than 10 feet from the traveled right-of-way, and cannot be installed within an easement area. This addition to the non-encroachments section is being inserted as 78-1405(a)(5.1) in order to place it in the correct location within the listing. Staff Recommendation The proposed non-encroachment section addition regarding retaining wa11s should be adopted per the attached draft ordinance. COUNCIL ACTION REQUESTED Motion to adopt the attached Ordinance Amending Section 78-1405 of the Orono Zoning Code by Clarifying Retaining Wall and Landscape Structure Setbacks.