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�o vo <br /> To: Chair Thiesse and Planning Commission Members <br /> Doug Reeder, Interim City Administrator y� <br /> l-'kESHO <br /> From: Jeremy Barnhart, Community Development Director <br /> Date: July 17, 2017 <br /> Subject: #17-3953, City of Orono,Text Amendment: Land Alteration <br /> Public Hearing <br /> Application Summary: The draft ordinance amends the regulations for non-encroachments in <br /> the lake yard. <br /> Staff Recommendation: Planning Department Staff seeks direction on the ordinance as <br /> drafted. <br /> Background <br /> In March 2017,the Council enacted an ordinance that altered the regulations for retaining <br /> walls, planters, and similar structures. The amendment allowed retaining walls, planters and <br /> similar structures in all required yards when all of the following conditions are met: <br /> 1. The structure is located at least ten feet from the edge of the traveled roadway; <br /> 2. The structure is not located within a drainage, utility, or other easement, except <br /> upon approval in writing for an encroachment agreement by the city; or similar <br /> approval from another regulatory and/or utility agency; <br /> 3. The structure creates no impacts to drainage direction, rate or volume for <br /> adjacent properties. <br /> 4. The structure is 2 (two)feet in height or less above existing grade. <br /> Retaining walls, planters,and similar structures has been interpreted to include planter/ <br /> landscaping edging of stone,wood,and plastic, boulder fire rings, and boulder lot line <br /> demarcation. It has been noted that residents have commonly placed these features in the lake <br /> yard with minimal visual or hardcover impact. Retaining walls are not included in the hardcover <br /> calculations. <br /> If the Planning Commission or Council desires to prohibit these features, including landscape <br /> planter edging, boulder fire rings, and similar in the 75' lake yard,then an amendment is in <br /> order, as "all required yards" includes"lake yards". The draft ordinance in exhibit A will clarify <br /> the issue. As with any amendment, any existing retaining walls, planters, and similar structures <br /> are considered non-conforming, and are permitted to remain. <br /> List of Exhibits <br /> Exhibit A. Draft Ordinance <br />