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• <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 11, 2004 <br />7:00 o'clock p.m. <br />( #04 -3048 Steven and Kathleen Persian, Continued) <br />Schoon stated he is the president of Hunt Farms Homeowners Association and that he has some points he <br />would like the Council to consider as part of this application. Schoon commented he and his wife have <br />some reservations concerning the prospect of a large steel -sided structure being constructed that would be <br />visible from their home. Schoon stated they could probably get over having one structure constructed, but <br />that he foresees a problem with additional sheds being constructed on this property or other properties <br />within this development. <br />Schoon stated he has spoken with the developer of this property who indicated that he did tear down a <br />practically new pole barn structure in this area as part of the development since he felt it was incompatible <br />with the character of the neighborhood. Schoon stated the homeowners association does have a process <br />in place to deal with structures of this type and indicated they would like some time to work with Persian <br />in order to work with them to insure that the covenants are being met. Schoon indicated he felt this could <br />be accomplished within 30 days. <br />Sansevere inquired whether the Council could rule on this and then let the homeowners association work <br />out the issues with the covenants. <br />Barrett stated the City of Orono has gone to some length to not become involved in enforcement of <br />private covenants and that it is up to the private homeowners to insure that the covenants are being <br />complied with. Barrett stated the City does allow the homeowner to build or make the change that he <br />• desires if it is in compliance with city code. Barrett stated the Council has the option of requiring as a <br />condition of the variance approval that an opinion of his counsel be obtained from the applicant stating <br />that this proposal is consistent with the covenants. Barrett stated if the applicant does come back with an <br />opinion of counsel that the covenants are being complied with, that should satisfy the City, but that <br />private enforcement of the covenants is up to the homeowners association. <br />• <br />McMillan stated she would prefer to see a variance on the north side setback than on the front of the <br />principal building. McMillan noted this is a somewhat funny shaped lot, but that the proposed structure <br />does have some visual impact. McMillan stated in her opinion the building would have to be relocated <br />somewhat to fit in that new location and she is unsure whether that option is workable for the applicants. <br />McMillan noted she was not able to visit this lot prior to tonight's meeting. <br />Sue Wilson stated the homeowners have bylaws to follow and there may be an issue with a pole barn in <br />this community among the eight homeowners that currently live in this area. Wilson stated they do not <br />want to have other property owners constructing similar pole barns if the Council approves this <br />application and that they moved to this area because of the rural nature. <br />Sansevere inquired whether the bylaws specifically prohibit pole barns. <br />Schoon indicated he could leave a copy of the bylaws with the Council, but that this type of construction <br />is up to the discretion of the three person architectural committee. <br />Murphy noted the applicant did agree to meet with the homeowners association. <br />PAGE 11 <br />