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I MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 <br />ZONING FILE #1480-TOTH CONTINUED <br />Gernhardson added that the Toths agreed to that. <br />Mr. Toth said that he would willing to sign a hold harmless <br />agreement releasing the City from any liability should the fence <br />be damaged. He said that the fence will help define the <br />driveway. <br />Mayor Grabek asked Gerhardson whether the fence will in fact <br />aid in defining the driveway? <br />Gerhardson said the fence would be one way to defire the <br />driveway. <br />Goetten suggested that shrubs would serve the same purpose. <br />Mr. Toth said that the fence would offer more support in <br />keeping any vehicles from falling off of the driveway. <br />Goetten advised Mr. Toth that he did not need a variance for <br />bushes and shrubs. <br />City Administrator Bernhardson said that there are <br />alternatives for defining the driveway. He suggested tabling <br />that portion of the application until the January 8, 1990 meeting <br />to allow time to explore those options. <br />It was moved by Mayor Grabek, seconded by CounciImember <br />Nettles, to adopt Resolution #2740, approving the vacation, and <br />to approve the .9' side setback variance. Goetten said that she <br />could not see any hardship for the deck setback variance. <br />Callahan asked the applicant to explain his hardship. Mr. Toth <br />said that there is a discrepancy in the surveys indicating the <br />location of the house. Motion, Ayes=2, Peterson, Goetten, <br />Callahan, Nay. Motion failed. <br />It was moved by CounciImember Callahan, seconded by <br />Councilmember Peterson, to adopt Resolution #2740, approving the <br />vacation and rededication of the drainage easements. Motion, <br />Ayes*5, Nays=*0, Motion passed. <br />It was moved by Councilmember Callahan, seconded by <br />Councilmember Goetten, to conceptually deny the .9* side setback <br />variance. Mayor Grabek indicated he felt that the .9* is such a <br />small amount that it will have no impact on anything. Motion, <br />Ayes»3, Nettles, Mayor Grabek, Nay, Motion passed. <br />It was moved by Councilmember Goetten, seconded by <br />Councilmember Peterson, to table the administrative appeal <br />regarding the placement of a fence in the right-of-way to the <br />January 8, 1990 Council Meeting. Motion, Ayes=5, Nays=0, Motion <br />passed. <br />a-I