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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,February 21,2017 <br /> 6:30 o'clock p.m. <br /> Schoenzeit stated if walls at four feet require engineering, it seems that a retaining wall under this <br /> ordinance could go up to that height. Schoenzeit noted this code does not say a taller wall is prohibited <br /> but that a permit would be required for it. Schoenzeit stated previously no retaining walls were allowed <br /> within the 5-foot setback. <br /> Lemke asked if a permit could be denied. <br /> Barnhart stated Staff would look at grading as well as location of any easements before issuing a permit. <br /> Shrubbery and minor improvements such as planters within the easement would probably be acceptable <br /> but a retaining wall would require a little more review. In the case of a retaining wall, Staff would also <br /> look at the visibility of the wall but the decision will primarily be based on grading issues. <br /> Thiesse commented if the City is not going to allow it in an easement, why allow it anywhere else. <br /> Barnhart stated an easement gives a right to another entity, such as a utility company, and that the City <br /> does not let people build structures in an easement since the City has a duty to protect that area. Since the <br /> easement benefits the neighbors, most cities do not allow construction within an easement. Barnhart <br /> stated fences can be removed fairly easily but retaining walls are not that easy to move. <br /> Barnhart stated to say whether all permits would be approved is hard to say but those are the things that <br /> Staff would be looking at. Barnhart stated the height of the wall to be allowed is completely up to the <br /> Planning Commission and City Council. <br /> Chair Thiesse opened the public hearing at 8:55 p.m. <br /> There were no public comments regarding this application. <br /> Chair Thiesse closed the public hearing at 8:55 p.m. <br /> Schoenzeit stated the question of the retaining wall being cut or flat also seems arbitrary. Schoenzeit <br /> stated it comes back to the fence. Schoenzeit stated someone can put a fence in that setback without a <br /> permit and the City does not require a survey. If the fence is over the line, the person could be stuck with <br /> it. Schoenzeit stated the retaining wall,which is at a height of 2 feet or 3'/11"or 3'16", or cut into the <br /> soil, is the same use of that piece of property, whether it is going positive or negative off of the person's <br /> land. <br /> Thiesse noted if someone changes the grade, a permit is required. Thiesse stated if the grade is altered in <br /> any direction, a permit is required, but a permit is not required for the actual wall. <br /> Barnhart stated the City does not differentiate between a retaining wall that is cut or filled. <br /> Schoenzeit stated if the retaining wall is a row of keystone blocks simply set on the ground, the City <br /> would have no control over it. <br /> Thiesse stated if it is a planter or a bench and the grade is not changed, a permit is not required. Thiesse <br /> stated a permit would only be required if the grade is changed. <br /> Page 23 of 32 <br />