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ORONO CITY COUNCIL MEETING <br />MINUTES FOR JUNE 22,1998 <br />(#10) William Mernik, 1840 Lakeview Terrace - continued <br />Kelley remarked the fence will be constructed around the entire property and expressed concerns that <br />his neighbors might decide to erect a fence also, and the neighborhood would get boxed in. Kelley <br />stated the City may be setting a dangerous precedent. <br />William Memik, Applicant, stated the fence will be hidden by landscaping on two sides with Sixth <br />Avenue North on another. Memik stated he was erecting the fence to prevent his <br />children from wandering away from his yard, and felt that a 3 1/2 foot fence was too low and <br />could be climbed over easily. <br />Mayor Jabbour inquired what the fence ordinance permits. <br />Van Zomeren stated that properties are allowed fences to be six feet high in rear and side yards. In <br />front yards the height restriction is 3 1/2 feet. The yard along Sixth Avenue North is considered a <br />front yard because it is a through lot. Therefore, to construct a fence higher than 3 1/2 feet, a <br />variance is needed. <br />Gaffron stated a six foot fence is also allowed on a lakeshore lot with a six foot fence being <br />permitted if it is outside the 50 foot setback from the road. <br />Mayor Jabbour noted a variance is only needed to construct the 4 foot fence on Sixth <br />Avenue North, with the other portion of the fence being permitted as long as it is 50 feet from the <br />road. If the fence is constmcted within the setbacks, only 3 1/2 feet is allowed. <br />Gaffron stated a six foot fence is allowed as long as it is 50 feet back from the street. <br />Kelley inquired what the hardship would be if the fence was constmcted 50 feet back from <br />the road. <br />Goetten stated if the fence was constmcted 50 feet back from the road on all sides, the <br />Applicant would not be left with much property located inside the fence which would <br />constitute a hardship. <br />Radio stated the City Council needs to determine if reasonable use of the property can be mr.de <br />without a variance. The Applicant would lose one-half of the property in the back if <br />the fence was constmcted outside the 50 foot setback.