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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday March 13,2017 <br /> 7:00 o'clock p.m. <br /> 13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON-ENCROACHMENTS— <br /> ORDINANCE-Tabled—Continued- <br /> Printup stated he was okay with the ordinance but since it was a code item,he thought it should be <br /> discussed briefly. <br /> No public comments were received. <br /> Walsh stated the draft ordinance starts out with retaining walls and planters. Walsh questioned whether it <br /> should say retaining walls, planters, and any other hardcover component so it is all encompassing. Walsh <br /> stated that would cover bricks outlining a tree. Walsh stated the current language seems to be very <br /> narrow. Walsh noted that language would need to be added under 5.1,(a), and 4(c)to make it all <br /> consistent. <br /> Walsh stated he also has a question on why 4(b) is in the dra8 ordinance at all. Walsh stated if the <br /> retaining wall exceeds two feet in height,a person would need to get a permit. Walsh asked whether that <br /> is already built into the ordinance. <br /> Barnhart noted retaining walls require a permit at four feet and what the ordinance is saying is someone <br /> can have a retaining wall in the required side yard but a permit is required at two feet or above. A permit <br /> is not necessary at two feet or less. <br /> Mattick stated he understands what the Mayor is saying. Mattick stated a lot of times Staff will get asked <br /> where it states that, so it can be added. <br /> Mattick stated as it relates to retaining walls and planters,the original intent of the ordinance was to cover <br /> only two items. Mattick asked if the Mayor would like the ordinance to apply to any and all hardcover <br /> items. <br /> Walsh stated if someone has a brick or stone outline around a tree in the side yard,the ordinance would <br /> not cover it as cunently drafted. Walsh stated that is why he suggested adding the language,any other <br /> hardcover component. Walsh noted there would be four places where that would have to be added. <br /> Seals asked if the Mayor feels the language is too broad. <br /> Mattick stated he is trying to think whether that language would allow patios and decks. Mattick stated a <br /> patio could be less than two feet in height and that he is not sure whether that language should be in there. <br /> Barnhart stated the idea behind planters was that it would include planter beds or raised gardens,which <br /> are more of a defined space. <br /> Mattick stated it is hard to create a list to catch everything. <br /> Walsh stated he would rather on the side of more flexibility than to change the ordinance for two specific <br /> items. Walsh stated he could place stone pavers around his bushes and that might not be covered. <br /> Barnhart stated the language"similar improvements"would give some flexibility. <br /> Page 22 of 32 <br />