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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,February 21,2017 <br /> 6:30 o'clock p.m. <br /> stated those three things require a conditional use permit and that Staff is now proposing they will just <br /> require a permit. <br /> Barnhart stated this ordinance is still going through the review process but Staff is comfortable enough to <br /> recommend approval of Exhibit B subject to some minor tweaks from the City Attorney. <br /> Thiesse asked if he can put in a cut retaining wall within five feet of the lot line if any grading is done. <br /> Barnhart stated the person would need to get a permit for the grading. <br /> Thiesse stated one of his big concerns is someone cutting the roots on a tree located on the adjoining <br /> property line because they want to put in a retaining wall. <br /> Barnhart stated the City does not protect the trees and that they can be cut down. <br /> Thiesse asked what would happen if it was the neighbor's tree. <br /> Barnhart stated the permit would require that a grading plan be submitted. <br /> Thiesse stated if he cuts or erects a wall on his property and then the neighbor does the same thing,there <br /> will be two walls parallel to each other. <br /> Barnhart stated the City cannot give someone permission to go on someone else's property regardless of <br /> any permit that is obtained. Barnhart stated if the retaining wall is located right on the property line, in <br /> theory someone would have to get the permission of the neighbor to construct it since it is likely they <br /> would go on that person's property. <br /> Barnhart stated this ordinance is similar to the fencing ordinance. Barnhart stated fences have certain <br /> height requirements depending on where it is located on the lot and two people adjoining each other could <br /> put a fence right next to each other on the property line. Barnhart noted that does not happen very <br /> frequently. <br /> Thiesse stated fences and trees are more temporary where retaining walls tend to be more permanent. In <br /> addition, retaining walls can impact neighbors more since they typically require land alterations. Planters <br /> would be similar to fences and shrubbery. Thiesse stated he would like a little more thought put into this. <br /> Schoenzeit asked where the 2-foot limit comes from on the retaining walls. Schoenzeit commented the <br /> two feet seems to be somewhat arbitrary, which is similar to the 3'/11"number on retaining walls. <br /> Schoenzeit stated the 3'/11"might be a more appropriate number. <br /> Barnhart stated the two feet is just a carryover from the ordinance drafted in 2015. <br /> Thiesse stated in his view it should be reduced to 3'/6"because otherwise a railing is required. <br /> Schoenzeit stated the two feet seems arbitrary and low. <br /> Barnhart stated the number can be changed. <br /> Page 22 of 32 <br />