02-23-2015 Council Packet - Laserfiche WebLink

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. Council Exhibit G Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: February 5, 2015 Item No. �p Department Approval: Administrator Approval: Agenda Section: Name:Mike Gaffron Planning Title: Senior Planner Item Description: 14-3707 Amend Zoning Ordinance Text: Add Language to 78-1405 Non-Encroachments Section Regarding Retaining Walls -Second Review List of Euhibits: Exhibit A. Sketches for Discussion ExhibitB. Draft Council Minutes 1/26/15 Exhibit C. Council Memo and Exhibits dated 1/22/15 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. 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. Staff Recommendation: Staff recommends that Council discuss the concerns about At the January 26 review of this proposed amendment, Council questioned whether the 5-foot setback from a side or rear lot line for retaining walls was necessary and whether it would apply to low structures such as timber-cribbed planter beds or low decorative terrace walls. Following are some observations that may assist Council in discussing the issue: - Other cities' codes regarding construction of retaining wa11s are widely varied. Many don't require any permit for those less than 4 feet in height. Others, similar to Orono, require a land alteration permit(which is a zoning permit, as opposed to a building permit) for walls under 4' high. At or above 4 feet in height, we require engineering and a building permit-this appears to be common among cities. Also, some cities require a permit for those under 4' in height if they support a surcharge(fill above the wall).