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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 STRUCTiTRE SETBACKS—ORDINANCE NO. 139 (continued) Gaffron stated the intent is to not have obstructions, such as a retaining wall, within ten feet of the traveled roadway. Gaffron stated if the ten feet ends within the right-of-way or eight feet into someone's property,the intent would be the same,which is to prevent obstructions in that area. Printup stated that has nothing to do with drainage but deals with the right-of-way. Gaffron stated it relates to snow plowing and storage. Printup stated that raises the issue again of allowing a fence in that area. Levang noted fences are not allowed in a front yard. Gaffron stated the Code says that ten feet past the pavement is considered the right-of-way and is an area where there should not be obstructions. Gaffron stated the Code does not deal with vegetative materials. McMillan asked how this would impact the application on Crystal Bay Road and whether an encroachment agreement would be required. Gaffron indicated that is an unusual situation since it is not a platted road but is a 20-foot wide traveled road. The applicants in that situation are going off a parking area that is eight to ten feet wide and 30 to 50 feet long and replacing an existing retaining wall system that has to be somewhere on the property to hold up the grade. Gaffron stated if there had not been a wall there previously,the City likely would be looking at it differently. McMillan asked what would happen under this ordinance if someone wants to replace an existing retaining wall. Gaffron stated it will likely trigger at least an administrative permit. Walsh asked if Public Works is comfortable with requiring the 10 feet. Edwards stated the ten feet is standard. Edwards stated sometimes items are within that right-of-way,but that the ordinance would provide the process of reviewing for obstructions and for the safety of people using that right-of-way or roadway. The Public Works Department does periodically have issues with nonstandard,unauthorized mail box structures that pose a hazard to people right next to the road and that sometimes the geography of the City says it has to be here. Edwards stated the ordinance would just require someone to go through the process so Staff can review it and that the Public Works Department has had to ask people to move landscape rocks and other structures that were placed next to the roadways. Walsh asked why ten feet is felt to be necessary. Edwards stated ten feet is a nice median but that there are places where the road dces not sit in the middle of the right-of-way. Edwards indicated he does not have any hard and fast data that says 10 feet should be the number but that it is a nice median and easy to visualize. Page 8 of 18