02-09-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,January 26,2015 7:00 o'clock p.m. (5. #15-3707 AMEND SECTION 78-1405(a)(5)TO CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO.(Tabled)continue� Edwards stated when retaining walls start to become a structure at four feet or above,the City requires a building permit and also an engineered design signed by a licensed engineer. Edwards stated there is some leeway between four and six feet,but generally the City uses four feet as their threshold for requiring an engineered design. Edwards stated that requirement typically kicks in when there is grading being done. McMillan asked what would happen with e�sting situations if this City Code change is approved. Gaffron stated existing retaining walls are not affected by this unless the wa11 is changed in some way. Gaffron stated when it says that no retaining wall shall be located closer than five feet;the City would not go back and require the resident to remove it. Gaffron stated the one dissenting vote on the Planning Commission was questioning the raised garden beds in a small area within five feet of the property line. Gaffron stated every situation will be different,but that there are possible ramifications to neighboring properties if a wall is closer than five feet to the property line. Gaffron stated there is the possibility that utility companies could find that an obstruction. Gaffron stated the City Council could define what a retaining wall is or include some exemptions in the City Code but that Staff is not prepared at this time to define exactly what those things are. Levang noted the Council is not specifying what the retaining wall is constructed out of. Edwards stated the main issue that Staff reviews is the drainage and whether the proposed work is going to alter the drainage patterns to drain onto the neighboring property. Edwards stated when someone is placing a simple, small retaining wall next to the property line that does have the potential to alter the drainage and could cause runoff to the neighboring property. Gaffron stated another potential issue is the need to go on to the neighbor's property to maintain the wall if it is right against the lot line. McMillan asked if the edge of a traveled,established roadway needs to be ten feet from the property line. Gaffron stated in situations where there may not be an easement and there is a roadway,the City has the right to maintain and to claim for public use the first ten feet past the pavement or past the traveled roadway. Gaffron stated in many cases that ten feet leaves someone within the right-of-way but in some cases it puts them into the actual property itself. There could also be a visual aspect issue in certain situations. McMillan asked whether there would be an exemption if someone has a deteriorating timber wall within the right-of-way by the roadway and they need to replace it. McMillan noted in certain situations it may not be possible to re-grade the area. Gaffron stated the City does have an encroachxnent agreement to handle these situations and that Staff would review it to ensure that replacement does not make the situation worse. Page 4 of 14