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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, March 23, 2015 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 12 of 18  <br />  <br />(7. #15-3708 CITY OF ORONO – AMEND SECTION 78-1405 FENCES – ORDINANCE <br />NO. 140 continued) <br /> <br />Occupancy for a permitted construction project, or protection of property during a similar project or <br />winter conditions. Gaffron suggested adding the following: Winter conditions shall be defined as <br />October 15 through March 31 of the following year. <br /> <br />Gaffron noted that would be the only change to the draft that is before the Council tonight and that <br />everything else was based on the direction provided at the last City Council meeting. <br /> <br />McMillan asked as whether Item E5 should read legal nonconforming since it went through a variance <br />process. <br /> <br />Mattick noted a variance would mean a lawful nonconformity. <br /> <br />McMillan stated sometimes the City finds fences that are not conforming and no permit was obtained. <br />McMillan asked if someone in that situation could put that fence back up if it falls down. <br /> <br />Mattick stated if it is a legal nonconforming fence, they can. Mattick stated this change came as a result <br />of a request by Walsh regarding the statutory provision. Mattick stated this is one of the provisions that <br />is not necessary in the ordinance but that it is a good clarification. Mattick stated statutorily a person has <br />that right regardless of whether it is contained in the ordinance. <br /> <br />Gaffron indicated Staff will add the word legal before nonconformity. <br /> <br />Printup moved, Levang seconded, to adopt ORDINANCE NO. 140, an Ordinance Amending Orono <br />Zoning Code Section 78-1405(A)(8) Regarding Defined Fence Height, Fence Location, Fence <br />Materials, and Temporary Fences, with the word legal being added before nonconforming under <br />Item e(5) and Item 3(4) being amended to include the definition of winter conditions. <br />VOTE: Ayes 4, Nays 0. <br /> <br />Printup moved, Levang seconded, to adopt SUMMARY ORDINANCE NO. 141, an Ordinance <br />Amending Orono Zoning Code Section 78-1405(A)(8) Regarding Defined Fence Height, Fence <br />Location, Fence Materials, and Temporary Fences. VOTE: Ayes 4, Nays 0. <br /> <br />8. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROPERTY – 405 NORTH ARM <br />DRIVE – FINAL PLAT APPLICATION – PRELIMINARY REVIEW <br /> <br />Gaffron stated the applicants have submitted final plans and plat drawings, as well as draft covenants, in <br />anticipation of final plat approval in April. Staff is in the midst of the review process and the City <br />Attorney will be preparing a draft Development Agreement and other necessary City documents. <br /> <br />The applicants have suggested names for the various sections of road. The proposed private road names <br />include Lakeview Parkway for the main road and the cul-de-sacs to be named Augusta Street, St. <br />Andrews Street, Quail Hollow Avenue, and Lakeview Court. Although Orono has a Lakeview Avenue <br />and a Lakeview Terrace, Police Chief Farniok has indicated he does not foresee any conflicts with the use <br />of Lakeview Parkway or Court street names. <br />Item #03 - CC Agenda - 04/13/2015 <br />Approval of Council Minutes 03/23/15 <br />[Page 12 of 18]