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• • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 27,2006 7:00 o'clock p.m. (5. #05-3135 ALLENMUNSON, 3165 NORTH SHORE DRIVE, Continued) McMillan stated in March of 2006,the Council expressed some concerns with the encroachment, which is why there is now a question by the Council on why the applicant is currently proposing a six-foot encroachment. Gaffron stated if the retaining wall is located partially on Mr. Wagener's property and the applicant needs to do some grading on the neighbor's property, it would be necessary for Mr. Wagener to agree to the work on his property. Mr. Wagener requested the applicant stake the area of the fill and the elevation. Wagener stated the wall was done at the request of the City at the time he constructed a garage addition. Wagener inquired whether some additional screening would also be added. Munson stated he is very interested in adding some screening. McMillan inquired whether a requirement for screening should be included in the resolution. Gaffron stated language could be incorporated in the resolution regarding the grading and fill as well as a requirement for additional landscaping. McMillan requested that the landscaping be worked out between the neighbors and not included in the resolution. McMillan moved,Murphy seconded,to amend the motion to include language in the resolution regarding the placement of the fill to be a minimum of one foot below the height of the retaining wall,with some fill being placed within five feet of the lot line and possibly extending onto the adjoining property, subject to the approval of Mr.Wagener. VOTE: Ayes 4,Nays 0. D(o *6. #05-3233 ST. EDWARDS CHURCH, 865 FERNDALE ROAD NORTH—CONDITIONAL USE PERMIT—VARIANCE—RESOLUTION NO. 5543 Murphy moved, Sansevere seconded,to adopt RESOLUTION NO. 5543, a Resolution granting a variance for St. Edwards Church, 865 Ferndale Road North. VOTE: Ayes 4,Nays 0. *7. #06-3238 VOGUE ICF HOMES,2709 WALTERS PORT LANE—VARIANCES— RESOLUTION NO. 5544 Murphy moved, Sansevere seconded,to adopt RESOLUTION NO. 5544,a Resolution granting variances for the property located at 2709 Walters Port Lane. VOTE: Ayes 4,Nays 0. *8. #06-3244 ReCREATIONS,INC.,3925 CHERRY AVENUE—VARIANCE— RESOLUTION NO. 5545 Murphy moved, Sansevere seconded,to adopt RESOLUTION NO. 5545, a Resolution granting a lot area variance for the property located at 3925 Cherry Avenue. VOTE: Ayes 4,Nays 0. PAGE 8 of 10