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. � ��, Gaffron indicated Sketch C depicts a raised planter bed that is less than five feet. Gaffron stated the O im acts would depend on the drainage and the individual site. Gaffron stated while everyone likely � P accepts the fact that they can have a 1 or 2-foot high retaining wall next to the property line,technically �� the Code as drafted would not allow that. Staff requests the Council discuss the issues and provide Staff direction as to any desired revisions to the draft ordinance. Printup asked how retaining walls compare with fences in terms of setback from a property line. Gaffron indicated fences can be right up to the lot line but not over it,which raises some issues with maintenance. In addition,fences can be anywhere between three to six feet high. Gaffron stated it is likely the neighbor would let someone on their property to maintain a fence since they also have to look at it. Gaffron stated the issue with an accessory structure being five or ten feet from the property line is the height of the structure and the visual impacts that can have. Gaffron stated a fence can also be built so it does not affect drainage;whereas, a retaining wall will likely impact drainage McMillan asked what process would need to be followed if a retaining wall needs to be within five feet of the property line. McMillan asked whether that would require a variance under the proposed ordinance. Gaffron indicated it would require a variance and potentially a conditional use permit depending on the amount of land being moved and whether it is near the shoreline. McMillan asked if a retaining wall would be considered an encroachment if it needs to be constructed within the right-of-way. Gaffron stated there would likely be an encroachment agreement required, but that it could require a variance or a conditional use permit depending on where it is located. Gaffron indicated an encroachxnent agreement is something that Staff can do administratively, but if it requires fill, Staff would likely bring it before the City Council as either a variance or a conditional use permit request. Walsh asked if there is already something in the Code about not allowing runoff into the neighbor's property. Gaffron stated to the extent the person can avoid doing that,that would be desired,but that the Code says whatever drains off a property should not impact the neighbors. Walsh stated to his understanding under the 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 Code does talk 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. Page 5 of 25