03-13-2017 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday March 13,2017 7:00 o'clock p.m. 12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued- Ugorets indicated he will be meeting with him tomorrow morning and hy to keep him happy. Ugorets noted they did send out letters for an event center notification and not one person showed up. Ugorets indicated they also sent out another letter for this meeting and they received one letter back. Ugorets commented he is happy to meet with all the residents. Barnhart noted no further action is required on the sketch plan. The City Council took no formal action on this item. (Recess taken from 8:58 p.m.to 9:05 p.m.) 13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON-ENCROACHMENTS— ORDINANCE-Tabled Barnhart stated this is a proposed draft ordinance regulating non-encroachments, which allows for structures to encroach into required setbacks,such as fireplace chases or eaves on buildings,but it also includes certain improvements that can be made in the required setback area. In 2015,the City drafted an ordinance that regulated retaining walls based on their height,based on the amount of soil they retained, and based on their location to the setbacks. Barnhart noted the Mayor has suggested the Council review the ordinance from the standpoint of its impact on small lots. Barnhart stated retaining walls are fairly common on small lots because the lots themselves are so relatively small that retaining walls are needed to help maximize the use of those properties. The dra8 ordinance allows for low improvements or low structure. Barnhart noted a structure is considered anything that is built or improved such as low retaining walls, flower beds,planter beds,or stones that help define an edge. The draft ordinance allows those structures to be located in a required yard without a permit. In addition,the proposed ordinance removes the grading component associated with the 2015 ordinance. Grading is addressed in the shoreland regulations and land alteration sections of the City Code. The draft ordinance also removes the conditional use permit requirement for`unusual land alterations'. Unusual land alterations would be excavations that are deeper than normal for homes or encompass a larger than normal area. Barnhart noted the City Engineer would review the grading plan associated with the project but it would not require a conditional use permit. The draft ordinance also has any references to rip-rap removed since the City refers all rip-rap inquiries to the Lake Minnetonka Conservation District. Barnhart noted the Planning Commission reviewed this draft ordinance at their February meeting and at that time they reviewed two options. One option addressed the retaining wall/planter issue and the second option addressed that issue and also included other opportunities to clarify the code and processes. The Planning Commission recommended approval of Option B. Page 21 of 32