03-09-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 (continued) Section 2 would add the following definition of a retaining wall: "Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Gaffron stated the City Council should consider the draft ordinance and make whatever changes they feel are appropriate. Printup noted at the last meeting he asked about fences and that a fence is currently allowed right up to the lot line. Gaffron stated fences are allowed right up to the property line but not on it or over it. Walsh stated that is the dichotomy of the whole thing and that people are allowed currently to put a fence near the property line or a row of shrubs. Walsh noted at the last meeting the City Council had generally agreed that two feet from the property line would be okay and up to 20 cubic yards. Walsh stated it was his understanding the Council was going to discuss Item A(1)since it would technically prevent someone from placing a railroad tie there but yet someone could put a 6-foot high row of hedges. Walsh stated in his view there are some things that do not seem to make sense in terms of height. Printup stated that is why he asked the question about fences being allowed right up to the property line. Printup stated he would hope the Council would be okay with a 2-foot retaining wall. Printup stated in looking at what the other cities allow,Orono is not even close. Gaffron stated Orono's Code has been more restrictive than other cities and that it has been frustrating for Staff at some level knowing that any grading on someone's property technically requires a permit. Walsh stated two feet would allow someone to maintain it without stepping on the neighbor's yard,which was the reason why two feet was felt to be okay. McMillan stated she has gone back and forth on this issue but that in her view five feet is necessary to protect that zone. Walsh stated five feet on either side would really impact a 50-foot wide lot. Gaffron stated it is the smaller lots that tend to have more issues with drainage. Levang stated the narrow lots are problematic since there needs to be room for drainage and that she is very comfortable with what Staff is recommending. Levang noted there have been a number of problems with drainage on Maple Place due to the narrow lots. Levang stated the ordinance is essentially saying ten cubic yards or one truck load is reasonable as well as five feet from the lot line. Levang stated in her view it will make StafPs job easier as well as make it eyuitable for all citizens. Walsh stated he is receiving complaints from people who own small yards about not being able to use all of their yards. Walsh stated this ordinance would restrict those small lots even further. Page 6 of 18