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f <br />ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990 <br />ZONING FILE 11553- PIERCE CONTINUED <br />Mr. Pierce replied, "The fence will be constructed of a <br />white vinyl material." <br />Mr. Bob Biesterfeld, 450 Deborah Drive, stated that he is a <br />member of the Architectural Committee for the Deborah Drive <br />Homeowners' Association. He said, "We are seeing some changes <br />here that were not presented at the Planning Commission. The <br />Architectural Committee was not aware of Mr. Pierce's original <br />plans either. We have submitted a letter to the City stating our <br />objections to this proposal." <br />Mayor Grabek asked Mr. Biesterfeld whether there are <br />specific covenants relating to Mr. Pierce's request that have <br />been filed in the chain of title for the property. <br />Mr. Biesterfeld replied, "Yes it is. It seems to me that <br />the neighborhood association should have some say in this matter <br />since it directly affects them. Ile have a mechanism set up with <br />our Homeowners' Association, which has previously dealt with the <br />Council, that these matters should be handled through the <br />Association first." <br />Mayor Grabek asked City Attorney Barrett for his opinion <br />regarding the City's position in this matter. <br />• Barrett replied,, "The covenants are a private contract which <br />the City has no interest." <br />Mr. Pierce said, "There is no Architectural Committee. It <br />states in our by -laws that once the last piece of property is <br />developed that the Architectural Committee will disband." <br />Mr. Biesterfeld disagreed. <br />Councilmember Peterson asked Bellows whether the fence was <br />discussed at the Planning Commission meeting. <br />Bellows replied, "The fence was mentioned briefly. The <br />discussion focused on the entrance monuments, which we felt were <br />excessive in size." <br />Mabusth added, "The fence was not included in Mr. Pierce's <br />application and was not addressed in staff's memo." <br />Bellows stated that in light of that, there should be no <br />discussion regarding the fence until Mr. Pierce submits an <br />application for a fence. <br />Mayor Grabek said, "There seem to be some discrepancies <br />involved' with the application. I would suggest that Mr. Pierce <br />attempt to work on this a bit more with staff, neighbors and the <br />- 7 - <br />