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MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday, September 12,2005 7:00 o'clock p.m. (4. #OS-3143 DANHESSBURG OFHESSBURG DEVELOPMENT,INC., 774 TONKAWA ROAD, Continued) McMillan moved, White seconded, to adopt RESOLUTION NO. 5377, a Resolution granting lot area, lot width and hardcover variances for Dan Hessburg of Hessburg Development, Inc., 774 Tonkawa Road, subject to review and approval of the grading and drainage plan by the City Engineer. There were no public comments regarding this application. VOTE: Ayes 4,Nays 0. 5. APPEAL— 1535 BOHN'S POINT ROAD—GATE HEIGHT AND SIGNAGE INTERPRETATION David Sonka, Bever Landscaping, was present. City Attorney Barrett indicated he has spoken with Staff regarding this appeal. Barrett stated with respect to the gate height,there is some ambiguity in the City ordinances and Staff is unclear whether it should be treated as a fence or not. Barrett stated the City Council should determine the policy on gate height, which would enable Staff to interpret the ardinance. Barrett stated the second issue before the Council relates to the signage interpretation and that in his opinion the ordinance does not allow estate names and it does not need to be heard on tonight's appeal. Murphy expressed a concern that a city policy be decided tonight as part of this appeal. Barrett stated the City Council does have the right to table the application in arder to further review what the city's policy on this issue should be. Murphy stated it is difficult to make a decision on one application that would affect other property owners in the City. White concurred with Murphy that it is difficult to make a decision tonight on an item that would affect a number of other residents. White noted other cities have allowed estate names on gates and over gates. Brad Roehl, Long Lake Fire Chief, indicated he does have a concern with the width of the gate and the direction that the gate faces the road. Roehl indicated there are some properties in the community that have gates that make it difficult for emergency vehicles to access the property. White inquired whether Staff is able to determine how the gate is ariented to the road. Gundlach indicated the location of the gate is not depicted on the survey submitted to the City. Gundiach stated the monument ordinance requires a five-foot setback and that the gate complies with that requirement. White inquired what happens if the gate is locked and the fire department needs to access the property. PAGE 4