07-09-1990 Council Packet - Laserfiche WebLink

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ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE 11473-KELLY CONTINUED showed that a portion of the deck has been lowered and another portion reduced in size to meet the 10'side setback. Mr. Johnson stated that the concept for the revised plan had come from the information provided from the City.He stated that he had received a copy of an Ordinance pertaining to fences, walls or buildings that are 42"in height or more.He said that he was recently informed by staff that the Ordinance had been revised.Mr.Johnson said that the plan was revised so that the majority of the deck located in the average setback would be no more than 40" high.He said that the revised plan should have no impact on the neighbors.He noted that the neighbors consented to the old deck design and have no objections to the revised plan.Mr.Johnson also showed Council that planters are being used in lieu of railings alongside the deck to lessen visual impact on the neighbors. Mabusth stated that she had previously explained to Mr. Johnson that the Section of Code that he received in error pertains only to retaining walls and fences.She said that Mr. Johnson has since been provided with the most recent amendment of the Ordinance. Mabusth noted that Mr. Johnson had accepted staff’s interpretation that the Section of Code only pertained to walls and fences. Mr. Johnson stated that he compared Ms. Kelly's situation to the first Ordinance information that he received, which allows fences and retaining walls if they are no more that 42" tall.He said that is the reason they revised the deck plan so that the deck will be no more than 42" high. Mayor Grabek asked Mr.Johnson if he would prefer to have the matter tabled to allow him more opportunity to review the proper Ordinances. Mr.Johnson indicated that tabling would be acceptable provided that they are scheduled for the July 9,1990 Council Meeting. Councilmember Goetten stated that she was disappointed with the information the applicant has brought before them. She said that it did not appear that the plan has been revised as Council directed.Goetten indicated that she preferred to have the new deck resemble the old deck.She suggested that should the matter again be tabled, that the applicant bring back more concrete information. Mr.Johnson explained that the information presented this evening was prepared using the incorrect Ordinance.Mr. Johnson stated that he will prepare something more concrete using the correct Ordinance and will present that at the next meeting. -4 -