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 noted there are lakeshore lots oriented with a road between the house and the lakeshore. This orientation is common in certain areas of the City where the road historically followed the shoreline and lots were later created that extended through the road to the lake, with the house site located landward of the road. These lots do have a yard behind the house that could be considered a rear yard. Since these types of lots have never been addressed in the Code, Staff would suggest adding Item b.4, which states as follows: "When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, and the yard on the opposite side of the building side from the lake does not abut a street, such yard shall be considered as a standard rear yard and subject to the fence provisions of Section 78- 1405(a)(8)a.2. Gaffron stated part of the discussion at the January work session was to further clarify that the average lakeshore setback line pertinent to fences is different than the average lakeshore setback line as it applies elsewhere in the code. Staff would recommend the following revision be made to the second sentence of Item b.2: "Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the fence average lakeshore setback line shall not exceed 42 inches in height. The term "fence average lakeshore setback line" for purposes of Section 1405(a)(8) means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the property abutting the side yard in which the fence is located." A final item of discussion is whether to add language regarding fence materials and use of temporary fences. The draft ordinance reviewed in January was intended to include the addition of Item e.3 regarding fence materials and temporary fencing. Item e.I states: "The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. Item e.2 states: "Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. Item e.3 states: "Fencing materials shall consist of permanent all-weather products. Temporary fencing improvements which normally consist of materials such as snow fencing, silt fence, bioretention logs or other types of products normally associated with construction projects shall not be allowed to remain on the property following final inspection, or issuance of a Certificate of Occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel." Gaffron stated for a lakeshore lot, a person is allowed a 42 -inch fence along a side street and a 6 -foot fence along a county road but not up the side lot lines. From the beginning of the street yard and along the side yards down to the average fence lakeshore setback, a 6 -foot fence would be allowed. From that point on down to the 75 -foot zone a 42 -inch fence would be allowed. Staff recommends approval of the proposed revisions. The Planning Commission should consider whether inclusion of the optional text regarding extra height to allow for decorative elements is appropriate. Page 4 of 11