02-23-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING � February 9,2015 7:00 o'clock p.m. (6. #14-3707 AMEND ZONING ORDINANCE TEXT: ADD LANGUAGE TO 78-1405 NON- ENCROACHMENTS SECTION REGARDING RETAINING WALLS—SECOND REVIEW continued) Walsh stated to his understanding under the City Ordinance even one wheelbarrow full of dirt will require permission from the City. Gaffron stated technically that is true today. Gaffron noted the City Council recently approved an increase in the amount of fill allowed within the 0-75 foot zone from 10 cubic yards,which is essentially one dump truck load,to 50 cubic yards,which is approximately five dump truck loads to allow for top dressing or maintenance of that area. Gaffron stated technically the City Code talks about any grading or any fill from 0 cubic yards on up requiring an administrative permit. Gaffron stated depending on the amount,it could require a conditional use permit. Gaffron stated Staff has to use some reasonableness in determining whether an administrative permit or a conditional use permit is required since there are things that people do to merely maintain their yard but that technically the City does require a permit. Walsh stated in his view there should be reasonable limits set that would cover 90 percent of the people and that he does not want to penalize everyone and be over reaching. McMillan stated the minor projects should not require a permit but that as the projects become bigger and more impactful,then more limits should be set. McMillan stated the question is what those thresholds should be,and that in her view it is not possible to have one size fit all. Walsh noted that currently someone cannot dramatically alter the land. Walsh asked if the threshold should be 0 to 10 cubic yards where someone would be allowed to do it,but then if there is a problem, Staff will need to figure out how to handle it. Walsh stated if someone stands on someone else's property,that person is technically trespassing,and that when he installs an electrical substation,he is required to have a minimal amount of clearance to work with that. Walsh stated he could see the situation where the City allows up to a foot of height to do a wall or a planter bed,but that there need to be at least two or three feet from the property line to allow someone to maintain that without going into someone else's yard. Walsh stated the City should set those types of standards. Walsh stated on the narrow lots,if a person is required to leave five feet untouched on each side,the lot becomes very narrow and that the person should have the right to use their property. Walsh stated he would like to see it narrowed down somehow to address the 80 to 90 percent of the population that follows the rules in order to give some leeway for the xninor projects. McMillan stated the City wants to have reasonable rules and only require permits on the more impactful items. McMillan stated if the Council is comfortable in providing some thresholds that would give Staff some idea on what would be allowed. McMillan stated currently 4-foot retaining walls are the threshold for engineering. Public Works Director/City Engineer Edwards stated that primarily relates to safety. McMillan asked if that applies to the tiered walls. Page 6 of 26