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 31 of 43 (12. #15-3708 CITY OF ORONO – AMEND ZONING CODE SECTION 78-1405(A)(8) – STANDARDS FOR FENCES AS A NON-ENCROACHMENT, continued) In measuring fence height, a question that was originally posed was what should be considered the top of the fence. The amendment as initially drafted indicated that height should be measured from the top of any part of the fence, including vertical structural supports, lattice, ornate top design elements, and so forth. It was noted that a 6-foot screening fence with decorative post finials extending above it would technically be out of compliance with this. The Planning Commission concluded that limited finials above the top of the fence would be appropriate. The result is an exclusion of post finials from being considered as part of the fence, plus proposed text that states as follows: “Exception: post finials extending above the top of the fence shall not exceed 10 inches in width per finial and shall not extend above the top of the fence by more than 0 percent of the allowed maximum fence height at that location. A 6-foot fence would be allowed a 7-inchy finial above the top of the fence and a 42-inch fence would be allowed a 4-inch finial.” As it relates to the average fence setback, existing code indicates a different way of defining the average lakeshore setback line for fences than it does for other structures. The Planning Commission felt the current terminology creates confusion and the line being defined for fences should not be called the average lakeshore setback line. Staff is in agreement with that and the Planning Commission recommended that term be removed. The language now reads as follows: “Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner’s principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. As it relates to non-standard lakeshore lots, the following text is proposed: “When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of Section 78-1405(a)(8) a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard.” The Planning Commission also recommended the following additional text to Subsection E, fence construction and maintenance: “Fencing materials shall consist of permanent all-weather products. Temporary fencing improvements, which normally consist of materials such as snow fencing, silt fence, bio-retention logs or other types of products normally associated with construction projects, shall not be allowed to remain on the property following final inspection, or issuance of a Certificate of Occupany for a permitted construction project, or protection of property during a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel.”