02-23-2015 Council Packet - Laserfiche WebLink

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, G�OUNCIL M�ETING Date Application Received: NA FEB 2 � 2015 Date Application Considered as Complete: NA 60-Day Review Period Expires: NA CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: February 19, 2015 Item No. � Department Approval• Administrator Approval: Agenda Section: Name:Mike Gaffron Planning Title: Senior Planner Item Description: 15-3707 Amend Zoning Ordinance Text: Add Language to 78-1405 Non-Encroachments Section Regarding Retaining Walls - Third Review List of Exhibits: Exhibit A. Revised Draft Ordinance for Discussion Exhibit B. Draft Council Minutes 2/9/15 Exhibit C. Existing Code Section 58-2 re Drainage Systems Exhibit D. Excerpts from Code Chapter 18 - Streets, Sidewalks and Other Public Places Exhibit E. Excerpt from Code Chapter 78 -RS District - Private Improvements in R-O-W Exhibit F. Code Sections 78-966 and 78-967 re: Land Alterations Exhibit G. Council Memo and E�ibits dated 2/5/15 Summary of Request: This is a proposed change to the list of allowed non-encroachments on yard requirements in Section 78-1405. It intends to add a section clarifying standards for retaining walls as a non-encroachment. Planning Commission Recommendation: On 1/20/2015 the Planning Commission held a public hearing and recommended adoption of the initially 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. Council Review 1/26/15: Council requested additional information on the impacts of this ordinance amendment and indicated more time was needed to consider the matter. Tabled 3-0. Council Review 2/9/15: Council discussed the proposed standards for height and setback of retaining walls, as well as the amount of fill associated with walls or planter beds that should be allowed without a land alteration permit. Tabled 5-0 for further consideration. Staff Recommendation: Staff recommends that Council consider the standards in the attached revised draft ordinance. The initially proposed ordinance amendment would add the following text to the non- encroachments section of the zoning code: (5.1)No retainin�wall of anv hei�ht shall be located closer than 5 feet from any side or rear propertv line, never fewer than ten feet from the edge of the traveled roadway or blaced within a draina�e, utilitv, or other easement, except upon ap�roval in writing for an encroachment a�reement bv the citv; or similar approval from another regulatory and/or utilitv a�encY