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ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2421 Joann Jundt, Continued) Flint moved, Peterson seconded, to approve Application #2421, 1400 Bracketts Point Road, and adopt RESOLUTION NO. 4180. VOTE: Ayes 4, Nays 0. (#7) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD, VARIANCE Richard Gay was present. Weinberger stated the Applicant is proposing to construct a six foot fence to exceed the maximum 3 1/2 height within the average lakeshore setback to contain his two dogs. The lot has unique topography and contains lots of natural vegetation. The proposed fence would be visible to the adjacent property as it would be located on the property line between the house and the lake. The Planning Commission has determined the desire to keep the dogs on this property is not a hardship and has recommended denial of the application. Gay stated he has recently purchased. the property and was unaware of the height restriction on the fence until a couple of weeks ago. Gay commented he has owned the dogs for three years and would like to erect a fence to house the animals as well as provide an access into the house. Ga:y stated the adjoining neighbor is not opposed to the fence. Gay remarked the property is unique in that there is a steep hill in the back and the lot has only one suitable area for a fenced in area. Gay stated he would be willing to reduce the height of the fence to five feet and plant additional vegetation to screen the fence. Gay stated the fence would actually appear to be 3 1/2 feet to the adjoining residence since his property is 18 to 20 inches below the neighboring lot. Mayor Jabbour inquired whether the Applicant could submit a new application with a revised location for the fence. Van Zomeren stated the Planning Commission is having a work session on Friday and a new application could be discussed at that time. Gay stated he could plant a row of arborvitae along the property line in lieu of a fence, which may be less desirable. Goetten inquired whether the Applicant has considered invisible fencing for these dogs. Gay stated since the dogs are rather large, the fencing would not be a viable option. Peterson remarked that if this application is approved, it might set a dangerous precedent. IO