06-14-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 14, 2004 7:00 o'clock p.m. • (12. #04 -3012 ROGER D. O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD — VARIANCES /CONDITIONAL USE PERMITS — RESOLUTION NO. 5195 continued) plantings done before the boardwalk is installed. Steinwall advised that the plantings would be done immediately before the boardwalk is built. Moorse initiated discussion of the proposed mesh fence in the 0 -75' zone. He advised that there have been prior requests for fence variances due to security reasons in the 0 -75' zone and there may be many property owners who would be interested in a security fence in the 0 -75' zone. Moorse indicated security purposes are not a hardship. Steinwall emphasized the applicant is interested in the fencing running parallel to the road and the curve of the road itself runs into the 0 -75' zone. The applicant does not propose to run the fence perpendicular to the lake. Curtis and Gaffron explained the proposed fence includes a 50' distance into the 0 -75' zone as it follows the road and there would be a gap of no fence from its end at the road to the lake. Curtis added that there is an existing fence there now along the road. Moorse summarized the applicant's position as that there is a road in the 0- 75' zone and the applicant intends to run a new, imbedded fence only along the road to the property line. McMillan questioned the security reasoning for the fence, acknowledging that the entire property boundary is not proposed to be fenced due to the gap at the lakeshore. Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a hardcover variance to allow 438 s.f. of hardcover within the 0 -75' zone in order to construct a 4' boardwalk to the shore ending with a 177 s.f. landing for Roger D. O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. Mayor Peterson opposed. • White moved, Sansevere seconded, to deny a lake setback variance in order to construct a wire mesh fence along Brackett's Point Road within 75' of the OHWL extending to the northeast 56'3" for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. Council Member Murphy opposed. • Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use permit and variance to allow grading, filling and retaining wall construction within the floodplain for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 5, Nays 0. White moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use permit in order to construct chimneys 4018" in height where 30' is allowed and a 50% height increase is permitted by conditional use permit for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: VOTE: Ayes 5, Nays 0. Sansevere asked what is the record highest chimney in Orono. Gaffron described pitched -roof houses with 38' peaks. He explained the proposed chimneys are an architectural feature. Page 13 of 22