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ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 <br />ZONING FILE #1473 -KELLY CONTINUED <br />showed that a portion of the deck has been lowered and another • <br />portion reduced in size to meet the 10' side setback. <br />Mr. Johnson stated that the concept for the revised plan had <br />come from the information provided from the City. He stated that <br />he had received a copy of an Ordinance pertaining to fences, <br />walls or buildings that are 42" in height or more. He said that <br />he was recently informed by staff that the Ordinance had been <br />revised. Mr. Johnson said that the plan was revised so that the <br />majority of the deck located in the average setback would be no <br />more than 40" high. He said that the revised plan should have no <br />impact on the neighbors. He noted that the neighbors consented <br />to the old deck design and have no objections to the revised <br />plan. Mr. Johnson also showed Council that planters are being <br />used in lieu of railings. alongside the deck to lessen visual <br />impact on the neighbors. <br />Mabusth stated that she had previously explained to Mr. <br />Johnson that the Section of Code that he received in error <br />pertains only to retaining walls and fences. She said that Mr. <br />Johnson has since been provided with the most recent amendment of <br />the Ordinance. Mabusth noted that Mr. Johnson had accepted <br />staff's interpretation that the Section of Code only pertained to <br />walls and fences. <br />Mr. Johnson stated that he compared Ms. Kelly's situation to <br />the first Ordinance information that he received, which allows • <br />fences and retaining walls if they are no more that 42" tall. He <br />said that is the reason they revised the deck plan so that the <br />deck will be no more than 42" high. <br />Mayor Grabek asked Mr. Johnson if he would prefer to have <br />the matter tabled to allow him more opportunity to review the <br />proper Ordinances. <br />Mr. Johnson indicated that tabling would be acceptable <br />provided that they are scheduled for the July 9, 1990 Council <br />Meeting. <br />Councilmember Goetten stated that she was disappointed with <br />the information the applicant has brought before them. She said <br />that it did not appear that the plan has been revised as Council <br />directed. Goetten indicated that she preferred to have the new <br />deck resemble the old deck. She suggested that should the matter <br />again be tabled, that the applicant bring back more concrete <br />information. <br />Mr. Johnson explained that the information presented this <br />evening was prepared using the incorrect Ordinance. Mr. Johnson <br />stated that he will prepare something more concrete using the <br />correct Ordinance and will present that at the next meeting. <br />- 4 - • <br />