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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Tuesday, January 20, 2015 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 17 of 21  <br />  <br /> <br />Schoenzeit stated it appears that people can do something that is more impactful without a permit but that <br />in this scenario someone cannot do something on their own property. <br /> <br />Gaffron stated the City has never regulated trees and that fences are considered a structure that needs to <br />be maintained on both sides. Gaffron stated the neighbor is supposed to have the nice side of the fence <br />facing their property. The issue comes down to changing the grade or altering the land as well as <br />maintenance of the wall. <br /> <br />Schoenzeit stated he takes issue with the zero height of the retaining wall and that it used to be for walls <br />that are four feet or higher in height. Schoenzeit stated if you go around the City, you will see there are <br />thousands of these and that with the change they are officially nonconforming. Schoenzeit stated the City <br />should try to look at ordinances that make people more compliant rather than less. Schoenzeit stated in <br />his view the language is too broad, especially at no height. <br /> <br />Leskinen noted the wall at any height came after a long discussion at the Planning Commission’s work <br />session. <br /> <br />Schoenzeit noted he disagreed with it then and that he would like to reopen that discussion. Schoenzeit <br />stated the 3’/11” or 4-foot height is a magic height where other things kick in and is somewhat <br />manageable. Schoenzeit stated to say at any height they are not allowed is too broad. Schoenzeit stated <br />in his view anything under 3’/11” could be administratively approved. <br /> <br />Leskinen asked if he is saying there are thousands of these that are closer than five feet to the property <br />line. <br /> <br />Schoenzeit stated they are all over the place and that the average homeowner would put one of these in as <br />part of their normal landscaping. Schoenzeit stated the City allows other things along the property line <br />that are as easily consuming of that line as a retaining wall and that the City does not regulate those. <br /> <br />Leskinen stated in her mind Commissioner Schoenzeit has made the case that there needs to be <br />clarification, which this change attempts to do. <br /> <br />Landgraver asked if Commissioner Schoenzeit is okay with the 5-foot distance. <br /> <br />Schoenzeit indicated he is not since the City already allows, without any regulation, many other things <br />right on the property line. <br /> <br />Gaffron asked what about the language suggests the existing retaining walls have to go away. <br /> <br />Schoenzeit stated he is not saying they would not be grandfathered in but that it is not allowing people to <br />use a portion of their property unless they want to pay a $700 application fee. <br /> <br />Leskinen noted this applies if people want it closer than five feet. Leskinen stated the whole point of the <br />change was to prevent it from having an impact to surrounding properties. <br /> <br />Schoenzeit noted the retaining wall would be on that person’s property and that a fence and trees are far <br />more impactful. <br />Item #01 - PC Agenda - 02/17/2015 <br />Approval of Planning Commission Minutes [Page 17 of 21]