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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 16, 2007 6:00 o'clock p.m. (#07-3260 Roger O'Shaughnessy, Continued) Rahn stated the code does not say that the fence can only exceed 42 inches in height in the area where the fence abuts the county road and that it could conceivably be inte1vreted that the fence could be at the higher height the entire length. Zullo stated the City's fence code should be revisited. Rahn commented the City does deal with a number of fence issues and that there hopefully is a method to make the code clearer. Rahn moved, Kang seconded, to recommend approval of Application #07-3260, Roger O 'Shaughnessy, 1265 Bracketts Point Road, granting of an after-the-fact variance to allow the existing five-foot high wrought iron fence to remain, based on the finding that the fence is not out of character with the neighborhood, the fence helps to address the security issues raised by the applicant, the request is reasonableness, and further based upon the current ambiguous language in the code regarding fences along county roads, with the recommendation that the Planning Commission address the City's fence ordinance in the future. VOTE: Ayes 6, Nays 1, Kempf .Opposed. "'9. #07-3261 JAMES AND LINDA MARTINSON, 1330 CHERRY PLACE, VARIANCE Rahn moved, Kempf seconded, to recommend approval of Application #07-3261, James and Linda Martinson, 1330 Cherry Place, granting of a lot area variance. VOTE: Ayes 7, Nays 0. SKETCH PLAN 10. #07-3257 BPS PROPERTIES, 95 LEAF STREET, SUBDIVISION SKETCH PLAN, 8:51 - 9:29P.M. George Stickney, BPS Properties, was present. Curtis stated the applicant is requesting a lot area variance to constrnct a replacement residence on a lot that consists of O. 7 4 acre when one acre is required. The property is two lots in the Saga Hill revised subdivision, which was platted in 1887. The cun-ent house on the property was constructed in 1935. The proposed house is two stories with a basement walkout toward Grant Street and toward the lake at the northeast corner of the house. The walkout toward the lake will be to a swale created in the location of the existing house. This is a sketch plan for a 39-a cre parcel proposed to be divided into 15 single-family residential lots, a private road and a 5.44 total acre park outlet. The proposed 1.3 to two plus acre lot subdivision is in PAGE 19