02-28-2005 Council Packet - Laserfiche WebLink

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MINtTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o'clock p.m. (^04-3052 Eric Vogstrom, Continued) Muqiliy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30,2008, to ensure that the vegetation will survive. Peterson stated she docs have an issue with Item 6 in lixhibit E regarding an annual inspection by the City of Orono. Peterson indicated she would prefer to have a semi-annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspcctitfiis. Gaffron stated once the trees reach six inches m diameter, the City t>-pically no longer inspects them. Barrett recommended Paragraph 11 m Exhibit E be amended to read that this agreement may be filed against the property, and applies to the Vogstroms, their heirs, and successors of the land. Barrett recommended adding Paragraph 12. which would state that the parties agree to disclose that the agreement is enforceable by injunctive relief through legal remedies that may be available, and that the signature section on Exhibit E be amended to include the V'ogstroms, their heirs, or successors. Barrett indicated that language would notify future property owners that this agreement would be enforced against them. Essen stated he has no objections to the variance for hardcover and that he is in support of a new residence being constructed on this lot. Essen stated approximately one foot off of his property line is located a 36 inch oak tree. Essen expressed concern that that oak tree would be killed if the house is constructed m the proptised location. Essen indicated he would Lc in support of moving the house five feet to the north, which would give the tree an additional five feet of root space and possibly enhance the life of that tree. Gat fron stated he did speak with the applicant on this issue and that the view from the street would not be negative!) impacted if the residence were ino\ ed five feet to the north. Gat fron stated he is unsure w hat would hapiK'n to the access road m the future and that from a long-temi standpoint he is unable to supjxirt rchK'ating the house five feet further to the north and granting the variance. V'ogstrom inquired whether Gaffron thought that the public access way is heavily wooded. Gaffron stated m his view the right-of-way is not heavily wooded towards the street but is more heavily wiMidcd towards the lake. X'ogstrom noted in order to provide public access to the lake, a large number of trees w ould need to be removed as well as filling in of wetlands. (Council Member Sanscveie returns). Gallion stated in his view a hardship docs not exist to grant the variance. PAGE 5