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MINUTES OF THE ORONO COUNCIL MEETING OP DECEMBER 11, 1989 <br />ZONING FILE I1480-TOTH CONTINUED <br />variance of just under one foot due to the angle of the house in <br />relation to the west lot line. <br />Public Works Director Gerhardson said that a driveway had <br />been constructed off of Farview Lane. He said that the fence <br />would identify the curb cut and would have aesthetic value, but <br />offers no security. <br />Mayor Grabek asked why the fence could not be placed within <br />the property lines? <br />Gerhardson said that the applicants believe that would serve <br />no purpose because of the steep slope. <br />Mayor Grabek asked if the fence would pose a problem for <br />road maintenance? <br />Gerhardson said that it may interfere with snow removal but <br />the City prefers not to have structures in the right-of-way. <br />Gerhardson said that he would provide information concerning <br />liability for structures within the right-of-way at a later time. <br />Mr. Toth said there is a heavy stand of trees that are <br />closer to the roadway than the fence. Mr. Toth believed that <br />the City put a split rail fence on the corner of Farview that is <br />only 3' or 4* from the roadway. Mr. Toth said that there was a <br />steep grade in the driveway coming off of Farview and a delivery <br />truck fell off of the drive. He said that he had brought in a <br />lot of fill for both sides of the driveway, but can add no more <br />without changing the topography. Mr. Toth said the fence wi]l <br />add to the lot aesthetically and will provide safety by defining <br />the driveway. <br />Gerhardson said that the City has not placed any fencing in <br />the right-of-way. <br />CounciImember Goetten asked if the access onto Old Crystal <br />Bay Road was being closed? <br />Gerhardson said that is the intent, but that this driveway <br />onto Farview is being used on a trial basis over the winter. <br />Counci Imember Goetten said that it was unusual to have two <br />separate accesses to one property. <br />Gaffron explained that David Nitz, previous owner of the <br />property, had constructed the house and had originally proposed <br />three different locations for the driveway. Gaffron said that <br />there were certain requirements that had to be addressed with the <br />various locations, and Nitz eventually settled on the Farview <br />access after the house and Old Crystal Bay Road acess were built. <br />Gaffron said that it is the City's position that there be only <br />one access for this property.