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i <br />r * <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, January 10,2005 <br />7:00 o ’clock p.m. <br />(#04-3052 Eric Vogstrom, Continued) <br />Barrett stated the issue is calculating the mnofT and that if the City is certain that the removal of the trees <br />impacted runolT, the City could request the applicant provide or demonstrate to die City that he has <br />enforceable agreements with the adjacent property owner requiring planting of the trees or an agreement <br />with the City allowing them to obtain an injunction. Barrett stated that could be made a condition of the <br />variance. <br />Vogstrom noted he has already paid Essen for the trees that were removed. <br />Gaflron staled the applicant is proposing to replace tlic trees and shrubs that were cut on the north side of <br />the lagoon. GafTron stated the that were cut along the street side of the house consists of three rows <br />of pine trees, with one row being totally within the property, one row being along the property line, and <br />one row being within the right-of-way. Oafiron indicated that Staff would be reviewing Casco Point <br />Road in the near future and that the road might need to be expanded slightly. GafEron stated it may make <br />sense for all of the replacement trees to be located on the property rather than within the right-of-way. <br />Gaflfron indicated Staff feels this is a reasonable plan and that Staff is close to accepting it. Gaftron stated <br />the City Engineer would also be reviewing it. <br />White inquired whether Mr. Essen is platming to replace the trees. <br />Peterson inquired what type of trees are being proposed for along the road. <br />Gaffron stated pine trees are being proposed in that area. Gaffron noted the trees located within the <br />right-of-way that were removed were planted by a previous property owner. <br />McMillan inquired whether the trees arc out of the 0-75’ zone. <br />Gaffron stated they arc not located within the 0-75’ zone and that it is a reasonable request by the City to <br />ask for replacement of the trees even though they are IcKatcd in the right-of-way. <br />McMillan inquired whether homeowners are allowed to remove trees on their property. <br />Gaffron stated property owners do have the right to remove trees on their property as long as they are not <br />within the 0-75’ zone. <br />Peterson inquired whether a drain tile system would be installed. <br />Vogstrom staled a drain tile s) stem is part of the agreement he has vidth Essen and that gutters and <br />.lownspouts would also be installed. Vogstrom indicated he is agreeable to putting something in writing <br />if llic City requires it concerning the restoration plan but that he would prefer he be allowed to commence <br />construction in the near future due to the interest he is incurring on his loan. <br />PAGE 9