03-09-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 9, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 43 (11. #14-3700 CITY OF ORONO – AMEND ZONING CODE – AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS (WECS) FIRST REVIEW, continued) McMillan stated the Council could require a 100-foot setback if they would like to keep the requirement of no more than 150 feet from the principal structure. Walsh stated if you allow WECS on a 10-acre lot, the 100 feet might be reasonable, but that on a 5-acre lot, it might not be reasonable. Printup stated that is why he likes the fall zone. McMillan stated the goal with the ordinance is to prevent people from placing a WECS close to their neighbor’s property and them having all the disadvantages while the other person gets all the advantages. McMillan stated the Council needs to be cognizant of that. McMillan stated it could also negative impact the neighbor’s property values if the WECS is too close to the property line. McMillan noted the City Council has discussed not allowing flag poles in the setback and that it comes down to respecting your neighbors. Walsh stated the Council needs to come up with a solution and not just talk about what is fair. Walsh stated he likes the idea of requiring the WECS be close to their house. Printup stated what is annoying or what other people find annoying is subjective but that he understands what the others are saying. Levang stated the neighbors should also not have to pay for what someone else wants. Levang stated it is similar to a barking dog or chickens. McMillan stated the Council is given the job to deal with these types of situations. McMillan stated the closer people live together, the more regulations there are. Levang stated the City has a responsibility to regulate WECS. Printup noted the judge ordered that any person may have a wind energy system. Printup asked if that means someone who lives in a developed controlled by a homeowner’s association can have one. Mattick stated his understanding of the judge’s order is that not everyone has the absolute right to have a WECS and that the City can impose reasonable restrictions through its zoning ordinances on wind generators. Mattick indicated when he discussed this with Staff, they looked at the lot size and then talked about the 300-foot setback. Mattick stated the 300 feet seemed untenable and it caused Staff to evaluate what that number should be. Staff then discussed what the purpose of a setback and aesthetics. Mattick stated other cities have fall distances anywhere from 1 to 1.5 times the height, which could be the setback.