02/17/2015 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 17, 2015 6:30 o'clock p.m. Gaffron stated one of the proposed revisions is to add a sentence to clarify how fence height is measured. The existing code says that a fence can be no more than six feet in height in specified locations. Gaffron noted this last summer a question came up as to how that 6 -foot height is measured, and it was noted that on a sloped parcel, a fence if oriented horizontally and vertically and if a standard 6' x 8' fence panel is used, at one end it will be six feet above grade and at the other end it could be as much as seven or eight feet above grade. Gaffron noted there are some options in constructing a fence, such as skewing the panels into a parallelogram shape if possible to match the slope or setting the panels at an angle matching the slope. Gaffron noted not all panels available commercially can be skewed, and the visual aspect of panels with an angled or non -vertical orientation may be less aesthetically pleasing. Gaffron stated the issue then becomes how to measure the height. The proposed draft language is that for the purposes of this section the term fence height shall mean the measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, post finials, and so forth measured vertically to the existing grade directly below the fence. Referring to sketches contained in the packet, Sketches 2 and 3 would work but Sketch 1 would not under that scenario. The Planning Commission should also consider whether excess height should be allowed for decorative fence elements. An issue to discuss is whether the decorative finials atop each post should be considered as part of the fence for height measurement. If a decorative fence element is added, then the functional fence height would potentially decrease. One option is to include language that says "no more than 10% of the length of a fence panel may exceed the established fence height limit, and by not more than 10% of the allowed maximum height". For a 6 -foot fence, this would be a 10 -inch wide finial element for each 8 - foot panel that could be as much as 7 inches taller than the fence. Gaffron stated the phrase fence panel is necessary to prevent someone from interpreting this to mean a continuous 10 -foot length of a 100 -foot fence can be 6' 7" high, which is not what is intended. The third issue the Planning Commission should consider is language clarifying how fence heights are limited on non-standard lakeshore lots. The language originally drafted for the amendment regarding the standards for fences on lakeshore lots created a conflict in the language between Items b.l and b.2. Item b.I addresses the frontage along a street or side street and states that "Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. An exception to that is a fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. Item b.2 addresses side yards and was initially proposed to include rear yards of a lakeshore lot. Staff would suggest that this revision not be made since it conflicts with b.1. Item b.3 addresses the lakeshore yard of lakeshore lots and is not proposed to be changed. The language currently reads as follows: "Fences shall not be constructed within the defined lakeshore yard of a Lakeshore lot, shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. Page 3 of 11