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ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 <br />• ZONING FILE $1445- GREGORY PETERSON CONTINUED <br />Mr. Peterson stated that the Planning Commission had not <br />expressed any problem with the fencing proposal. <br />Councilmember Peterson said, "The Planning Commission may <br />have interpreted your request for a fence to be around the pool, <br />not around the yard." <br />It was moved by Mayor Grabek, seconded by Councilmember <br />Nettles, to adopt Resolution #2838, granting the street /front <br />setback and height variances to construct a fence, subject to <br />Mrs. Garcia's letter being properly executed and to staff's <br />determination regarding a permit. Motion, Ayes -2, Callahan, <br />Peterson, Goetten, Nay. Motion failed. <br />It was moved by Councilmember Goetten, seconded by <br />Councilmember Peterson, to conceptually deny the application of <br />Gregory Peterson for front /street setback and height variances to <br />construct a fence. Callahan noted that Mr. Peterson is required <br />to have a 5' fence. Goetten stated that Mr. Peterson's insurance <br />company is requiring a 5' fence around the pool, not around the <br />yard. Mabusth stated that Mr. Peterson has the right to place a <br />5' fence out of the 50' setback areas along the side yard. <br />Callahan stated that since opaqueness of the fence seemed to be <br />the objection it may be appropriate to require that chain link be <br />used rather than wood. Mr. Peterson indicated that he is opposed <br />• <br />to chain link. Nettles suggested allowing a 3z' wood fence with <br />lz' of lattice board on top to reduce the opaque nature. Mr. <br />Peterson stated that the wood sections he intends to use are <br />514 ". Mr. Peterson indicated that he has considered removing <br />every other picket to make the fence less opaque. Motion, <br />Ayes -2, Grabek, Nettles, Callahan, Nay. Motion failed. <br />It was moved by Councilmember Callahan, seconded by <br />Councilmember Nettles, to adopt Resolution #2838, granting the <br />street /front setback and height variances to construct a fence, <br />subject to every other picket being omitted from the fence, the <br />letter from Mrs. Garcia be executed, and staff's determination <br />regarding a building permit for the fence. Motion, Ayes -3, <br />Goetten and Peterson, Nay. Motion passed. <br />#1473 JACQUELYN KELLY <br />2056 SHADYWOOD ROAD <br />AFTER - THE -FACT VARIANCE <br />Mr. Dennis Johnson, Ms. Kelly's Attorney, was present on her <br />behalf. <br />Bernhardson informed Council that Ms. Kelly is presenting a <br />revised plan from the original that she proposed when Council <br />last reviewed this application. He noted that plastic <br />underlining would be removed from existing rock beds and in the <br />• 250' - 500' zone, fabric would be placed beneath the landscaping. <br />- 5 - <br />