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ORONO CITY COUNCIL MEETING <br />MINUTES FOR OCTOBER 26, 1998 <br />(#2421 Joann Jundt, Continued) <br />Flint moved, Peterson seconded, to approve Application #2421, 1400 Bracketts Point <br />Road, and adopt RESOLUTION NO. 4180. VOTE; Ayes 4, Nays 0. <br />(#7) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD, VARIANCE <br />Richard Gay was present. <br />Weinberger stated the Applicant is proposing to construct a six foot fence to exceed the <br />maximum 3 1/2 height within the average lakcshore setback to contain !ns two dogs. The <br />lot has unique topography and contains lots of natural vegetation. The proposed fence <br />would be visible to the adjacent property as it would be located on the property line between <br />the house and the lake. <br />The Planning Commission has determined the desire to keep the dogs on this property is not <br />a hardship and has recommended denial of the application. <br />Gay stated he has recently purchased the property and was unaware of the height restriction <br />on the fence until a couple of weeks ago. Gay commented he has owned the dogs for three <br />years and would like to erect a fence to house the animals as well as provide an access into the <br />house. Gay stated the adjoining neighbor is not opposed to the fence. <br />Gay remarked the property is unique in that there is a steep hill in the back and the lot has <br />only one suitable area for a fenced in area. Gay stated he would be willing to reduce the <br />height of the fence to five feet and plant additional vegetation to screen the fence. Gay st, ted <br />the fence would actually appear to be 3 1/2 feet to the adjoining residence since his property <br />is 18 to 20 inches below the neighboring lot. <br />Mayor Jabbour inquired whether the Applicant could submit a new application with a revised <br />location for the fence <br />Van Zomeren stated the Planning Commission is having a work session on Friday and a new <br />application could be discussed at that time <br />Gay stated he could plant a row of arborvitae along the property line in lieu of a fence, which <br />may be icss desirable. <br />Goetten inquiied whether the Applicant has considered invisible fencing for these dogs. <br />Gay stated since the dogs are rather large, the fencing would not be a viable option <br />Peterson remarked that if this application is approved, it might set a dangerous precedent.