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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />Q1411 <br />The Planning Commission reviewed this application at a public hearing held on <br />August 15, 2016 and recommended approval of the CUP based on the following <br />findings: <br />a. The Property has 1.43 acres in area and approximately 250 feet in defined <br />width. <br />b. The wall is approximately 80 feet in length and located within a dedicated <br />drainage and utility easement. The wall was constructed by the Applicants' <br />landscapers but was not installed according to the approved site plan, which <br />instead had a proposed a two-tier wall system located more than 5 feet from <br />the lot line. <br />c. The relationship of the wall location to the driveway and neighboring property <br />is such that the approved plan had the wall directly abutting the edge of the <br />driveway, which is allowable by code but creates a less -than -perfect safety <br />condition by creating an immediate drop-off that leaves no room for driver <br />error. This is exacerbated by the minimal size of the driveway due to the site's <br />hardcover limitations. While the wall was not constructed according to the <br />approved plan, it serves the function of retaining earth to allow for a <br />functional driveway while not being located at the very edge of the driveway, <br />which appears to be a safer situation than the approved plan. <br />d. While the wall is very close to the west lot line, the adjacent affected neighbor <br />to the immediate west has stated to the applicant that the retaining wall as <br />constructed does not affect him and that it may serve to reduce drainage onto <br />his property, which he views as positive. <br />e. The wall is of placed boulder construction and needs minimal or no <br />maintenance, so its location so close to the property boundary should not be a <br />factor in future maintenance. If the wall does need reconstruction in the <br />future, it is anticipated that work can be accomplished without access onto the <br />neighboring property. <br />f. The wall location is within the typical 5' dedicated drainage and utility <br />easement along the property boundary. While the City does not generally look <br />favorably on construction of improvements within such easements, the <br />likelihood of the City or a utility company needing to use this easement is <br />minimal at best. In the event that a utility company or the City needs to use <br />Page 2 of 7 <br />