09-12-2016 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO PLANNING COWNMSION MEETING Monday, August 15, 2016 6:30 Web ek pm. In regards to the drainage, Staff does not believe that is an issue. The adjoining neighbor to the immediate west has stated to the applicant that the retaining wall as constructed does not affect him and that it may serve to reduce drainage onto his property, which he views as positive. If the City Council approves the conditional use permit, the property owners will be required to enter inw an. encroachment agreement with the City, to be filed with the title of the property. The encroachment agreement notifies the property owner that the City has the right to remove the retaining wall should the easement area ever been needed. Gaffron displayed photographs of the retaining wall and adjoining area, Staff has reviewed the wall as constructed and observed its relationship to the driveway and neighboring property. The approved plan had the wall directly abutting the edge of *e driveway, which is allowable by code but creates a less -than perfect safety condition by creating an immediate drop-off that leaves no room for driver error. While the wail was not constructed according to the approved plan, it serves the function of retaining earth to allow for a functional driveway while not being located at the very edge of the driveway. This would appear to be a safer situation than the approved plan. Planning Staff recommends approval of the conditional use permit for the existing retaining wall as currently located, subject to the property owner entering into an encroachment agreement establishing parameters for the continued existence of the wall within the drainage and utility easement. Thiesse asked whether the wall could be replaced in kind in the future in its current location. Oaffron indicated they would require a permit if the wall is relocated and that the City would likely also require a review of the conditional use permit if the wall is rebuilt in the same location. Thiesse asked if the properly owners could build a similar wall in a different location if the City decided that it needed that area for a drainage way. Page 2 of 32